Agenda of Moving Byron Advisory Committee Meeting

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)

Committee members are reminded that they should declare and manage all conflicts of interest in respect of any matter on this Agenda, in accordance with the Code of Conduct.

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.

OATH AND AFFIRMATION FOR COUNCILLORS

Councillors are reminded of the oath of office or affirmation of office made at or before their first meeting of the council in accordance with Clause 233A of the Local Government Act 1993. This includes undertaking the duties of the office of councillor in the best interests of the people of Byron Shire and the Byron Shire Council and faithfully and impartially carrying out the functions, powers, authorities and discretions vested under the Act or any other Act to the best of one’s ability and judgment.

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

Directorate: Infrastructure Services

File No: I2023/1952

RECOMMENDATION:

That the minutes of the Moving Byron Advisory Committee Meeting held on 31 August 2023 be confirmed.

Attachments:

1 Minutes 31/08/2023 Moving Byron Advisory Committee, I2023/1321 , page 9⇩

Report

The attachment to this report provides the minutes of the Moving Byron Advisory Committee Meeting of 31 August 2023 .

Report to Council

The minutes were reported to Council on 28 September 2023

Comments

In accordance with the Committee Recommendations, Council resolved the following:

23-422

Resolved that Council adopts the following Committee Recommendations:

Report No. 4.1 Active Transport Plan Update

Committee Recommendation 4.1.1

That Council:

1. Notes that the Active Transport Plan is still being drafted, will be integrated with previous other transport plan and it references actions in the Moving Byron strategy and will soon be recommended for public exhibition.

2. Notes that the northern route currently prioritised for the Mullumbimby to Brunswick Heads Cycleway is unlikely to proceed in the near term and that the southern route, or variations thereof, will form part of the new Active Transport plan.

3. Ensures that Planning Agreements with potential future developers in the Saddle Road area consider incorporating the bike path through the development/s and consider design and contributions (including Special Infrastructure Contributions) supporting the route in part 2 above.

4. Ensures that Moving Byron Committee receive further report at its next meeting to further consider the draft Active Transport Plan.

23-423

Resolved that Council adopts the following Committee Recommendations:

Report No. 4.2 Raftons Road Shared Path Consultation and Direction

Committee Recommendation 4.2.1

That Council:

1. Endorses a scope change for the Raftons Road project, from a 2.5m shared path to a pedestrian path of 1.2m -1.5m in width, which includes retaining the grass verge; and

2. Creates an on-road bicycle awareness zone including options for traffic calming.

23-424

Resolved that Council adopts the following Committee Recommendations:

Report No. 4.3 Kolora Way - Alternative Scope of Works

Committee Recommendation 4.3.1

That Council:

1. Seeks the additional funding to pursue the shared path bridge on Kolora Way as originally envisaged.

2. Notes that staff will bring this matter back to the next Moving Byron Committee.

23-425

Resolved that Council adopts the following Committee Recommendation:

Report No. 4.4 Moving Byron Integrated Transport Plan - Implementation and Strategic Alignment

Committee Recommendation 4.4.1

That Council notes the report and that there is a standing item for this committee to discuss the Moving Byron Strategy.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.1

Staff Reports - Infrastructure Services

Report No. 4.1 Kolora Way - Alternative Scope of Works

Directorate: Infrastructure Services

Report Author: Joshua Walton, Project Engineer

File No: I2023/1391

Summary:

Council has previously identified the installation of a new pedestrian and cyclist access bridge/path across Yelgun Creek adjacent the Kolora Way Bridge on New Brighton Road, New Brighton as a priority project.

A report was presented at the 23 June 2022 Council Meeting regarding the funding allocations for this project. Council resolved (22-322):

1. That Council notes the report.

2. That staff commence the detailed design and planning activities for the Kolora Way Shared Path Project on the basis that the proposed funding in the 2022/23 budget is sufficient to cover market costs relating to planning and design.

The purpose of this report is to highlight issues that have arisen in the planning phase and further discuss alternative scope proposals to council prior to moving forward.

Following further investigation, the existing budget for this project is not sufficient to cover the planning and design costs.

RECOMMENDATION:

That the Moving Byron Committee recommend a preferred way forward for Council to endorse.

Background Information

Council has previously identified the installation of a shared path and footbridge across Yelgun Creek adjacent the Kolora Way Bridge on New Brighton Road, New Brighton as a priority project.

The project is considered a priority A project as defined in Council’s Pedestrian Access and Mobility Plan.

Figure 1 – Exert from Council’s Pedestrian Access and Mobility Plan showing priority pedestrian connections in New Brighton

The objective of the project is to provide safer access across Yelgun Creek for pedestrians and cyclists of all abilities as well as enable safer access to nearby villages, schools and amenities.

A mapped Coastal Wetland area exists within the proposed shared path project footprint. It was understood upon recommending this project that construction within this wetland area would trigger an Environmental Impact Statement (EIS), a process which is associated with additional costs and project planning timeframes. However, the exact costs and timeframes were unknown until a Request for Secretaries Environmental Assessment Requirements (SEAR’s) was formally submitted to the NSW Department of Planning, outlining the full scope of the project. This represented a significant risk to the project budget in the design/planning phase.

Following the Council meeting in June 2022, Council staff completed a Request for SEAR’s. This request was completed to assess the degree of environmental reporting required to prepare an EIS. Upon receipt of the SEAR’s, Council received an updated quote for completion of an EIS, at a value of $250,000 excl. GST. The current project budget is insufficient to cover the costs of the EIS and other project delivery costs.

Key Issues

Pedestrian safety across the Kolora Way Bridge is the key issue to be managed by the project. This project was triggered as a response to a request from a local resident to address pedestrian safety on Kolora Way and it is priority A project within Council’s Pedestrian Access and Mobility Plan.

The main objectives for the Kolora Way Footbridge project are:

· Improving pedestrian safety leading up to and crossing the bridge.

· Improving pedestrian accessibility around South Golden Beach.

Options

Due to the budget constraints for the project and the now urgent need for significant maintenance works on Helen Street Bridge, staff have considered the impacts of not proceeding with the Kolora Way footbridge and the other options available that may provide a safe alternate route for pedestrians and cyclists around South Golden Beach, at a lower cost to Council.

The decking on Helen Street Footbridge is at end of life and requires renewal in the next 1-3 years. Due to the construction method used on this bridge, deck renewal will require removal of the handrails in order to renew the deck. Staff are currently investigating design options. Current budget estimates are in the region of $500,000.

Helen Street Footbridge renewal is proposed in 2024/25 budget. Due to the impact these works will have on Council funds the need to commit to a further $1,400,000 to a footbridge at Kolora Way needs careful consideration by Council.

The following options have been developed for consideration:

Option 1 – Helen Street Bridge / Canowindra Court

The potential Canowindra Court detour option away from Kolora Way Footbridge, using the existing Helen Street Bridge is shown in the image below.

A desktop review of the proposed footpath infrastructure shows the below constraints:

· The proposed construction may involve minor vegetation removal.

· Community land will be utilised in some locations.

· Constraints may limit the footpath width in some areas.

Further investigation will be required if a concept design process is supported.

To aid consideration of this alternate route, various trip options have been reviewed and are provided below.

The above trip routes have been considered against three scenarios, from the starting location to the intersection of Redgate Road and New Brighton Road:

Scenario 1 – Kolora Way Pedestrian Bridge is built across Yelgun Creek.

Scenario 2 – ‘Canowindra Court Detour’ is constructed including paths along trip routes B, plus C.

Scenario 3 – ‘Canowindra Court Detour’ is constructed including paths along trip routes B, plus D.

Example 1 - Larelar Court

There are 23 Properties on Larelar Court, the trip distance options are provided below. If the proposed Canowindra Court detour was constructed the 23 properties on Larelar Court would have a minimum detour of 860m compared to the Kolora Way route.

Scenario	Trip	Distance to the end of Redgate Road (m)
1	E	500
2	B + C	1360
3	B + D	1910

Example 2 – Natan Court

There are 40 Properties on Natan Court, the trip distance options are provided below. If the proposed Canowindra Court detour was constructed the 40 properties on Natan Court would have a minimum detour of 570m compared to the Kolora Way route.

Scenario	Trip	Distance to the end of Redgate Road (m)
1	F	650
2	A + C	1220
3	A + D	1720

Example 3 Shara Boulevard

There are 160 Properties on On Shara Boulevard & Streets Branching Off Shara Boulevard (Banool Circuit, Gira Place, Hart Court & Eloura Court), the trip distance options are provided below.

If the proposed Canowindra Court detour was constructed the 40 properties on Shara Boulevard would have a minimum detour of 400m compared to the Kolora Way route.

Scenario	Distance to the end of Redgate Road (m)
1	700
2	1100
3	1700

Example 4 – Elizabeth Avenue

There are 60 Properties on Elizabeth Avenue & Streets Branching Off Elizabeth Avenue (Gloria Street, Clifford Street and Philip Street) the trip distance options are provided below.

If the proposed Canowindra Court detour was constructed the 60 properties on Elizabeth Avenue would have a minimum detour of 400m compared to the Kolora Way route.

If the proposed Canowindra Court detour was constructed the 60 properties on Elizabeth Avenue and connecting streets would benefit from the Canowindra Court detour.

Scenario	Distance to the end of Redgate Road (m)
1	1000
2	950
3	1500

To proceed with this option, Staff can likely use a simple design and approval process within the current budget allocation.

See financial considerations for estimated costs for this option.

Option 2 - Kolora Way Footbridge (South Side)

To potentially avoid an EIS, detailed environmental assessments and constructing in an environmentally sensitive location, staff have explored a design option which avoids the Coastal Wetland area (see image below).

Staff have found that the timeliest way to move forward with a bridge in this location would likely be to alter the alignment of the footpath to the southern side of the road. This would require the construction of two pedestrian crossings (see image below).

In the detailed design process the crossings would most likely be raised to reduce the speed limits of vehicles along this route and provide further safety for pedestrians.

This option is dependent on the results of an environmental assessment. An environmental assessment may come back with the recommendation to compete an EIS making this option the same as the northern option.

To proceed with this option, staff would first need to complete an environmental assessment to ascertain if a footpath/bridge can be constructed on the southern side of the road without completing an EIS. Then proceed to detailed design and approvals within the current budget allocation.

See financial considerations for estimated costs for this option.

Option 3 – Kolora Way Footbridge (North Side)

This the Kolora Way footbridge as proposed, therefore, proceed as originally intended and source further funding. This option requires an EIS and additional funding to reach a construction ready status.

See financial considerations for estimated costs for this option.

Option 4 - One Lane Bridge Kolora Way

Staff have been investigated an option to create a one lane bridge at Kolora Way and allow pedestrians to cross on existing infrastructure. This solution is unusual in Australia but could be used. England often use this method to improve pedestrian and cyclist safety or slow traffic in areas that are constrained by space.

This options still requires further investigation to confirm sight distances are acceptable and a 40km/h speed limit would need to be supported by TfNSW. There is value in trialling this option first, if feasible, as part of a public consultation process.

An example layout is provided below.

This option could be completed as a trial, as part of a community consultation process first and if successful it can be completed without the need for an EIS and therefore a simple design and approval process within the current budget allocation.

See financial considerations for estimated costs for this option.

Project Timelines for each option

Options	Design Timeframe	Construction Timeframe	Total Timeframe
Canowindra Detour	1 Year	1 Year	2 Year(s)
Kolora Way Footbridge (South Side of Road), assuming that no EIS is required	2 Years	1 Year	3 Year(s)
Kolora Way Footbridge (North Side of Road)	4 Years	1 Year	5 Year(s)
One Lane Bridge Kolora Way	6 months	6 months	1 year

Whilst these timelines do not vary greatly, there is significantly more risk involved in timing and cost for the design and construction of the Kolora Way Footbridge. The EIS process is timely and has a lot of areas of investigation which could add further time and cost to the project.

Community Consultation

The proposed priority A route was part of the Pedestrian Access and Mobility Plan consultation process. The route was endorsed by Council the plan was adopted.

If desired further community consultation could occur in relation to the alternate options to gather the publics preferred option.

Previous Council Resolution

A report was presented at the 23 June 2022 Council Meeting regarding the funding allocations for this project. Council resolved (22-322):

1. That Council notes the report.

Financial Considerations

Options	Detailed Design	Construction	Total
Canowindra Detour	$100,000	$700,000	$800,000
Kolora Way Footbridge (South Side of Road)	$150,000	$1,150,000	$1,300,000
Kolora Way Footbridge (North Side of Road)	$250,000	$1,150,000	$1,400,000
One Lane Bridge Kolora Way	$80,000	$400,000	$480,000

The above financial considerations are based on initial assumptions made by staff and will need to be properly estimated to calculate an accurate estimate of costs.

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
5: Connected Infrastructure	5.1: Provide a safe, reliable, and accessible transport network	5.1.3: Active transport - pedestrians and cycleways - Deliver the actions identified in the Pedestrian Access and Mobility Plan and in the Bike Plan	5.1.3.4	Undertake Kolora Way, Ocean Shores footpath and bridge upgrade

Legislation

Provision of active transport infrastructure is a legitimate function of local government under the Local Government Act 1993. To the extent that the provision of active transport infrastructure provides community members with cost effective infrastructure, leading to safer commutes.

Resolving as recommended demonstrates that Council is carrying out its functions as best possible within Council resources and capacities as competing priorities permit.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 Public Transport Workshop Outcomes

Directorate: Infrastructure Services

Report Author: Judd Cornwall, Traffic & Transport Engineer

File No: I2023/1862

Summary:

The purpose of this report is to discuss the outcomes from the recent Moving Byron Public Transport Workshop held on the 21 November 2023. Council staff note that not all modes of public transport were on the agenda at this workshop. However, it is considered that this workshop is to be the first of a series on this topic.

Some of the key items from the workshop have been titled within this report. However, it is expected that further reporting on other topics from the workshop will be required. Staff will provide opportunity for the community members to suggest any other topics from the workshop to be reported on at the next available meeting.

It must be noted that any staff suggestions contained within this report will be difficult to execute without significant support by the State; and that staff will continue to work with Transport for New South Wales to help secure funding to improve the Shires Public Transport services.

RECOMMENDATION:

1. That the Moving Byron Committee note the ongoing work with TfNSW to help achieve the Shires Public Transport expectations.

2. That staff provide a follow up Public Transport Workshop to discuss other modes of public transport not discussed at this workshop (Moving Byron Public Transport Workshop, 13 November 2023).

Attachments:

1 Minutes Moving Byron Public Transport Workshop 13 November 2023, E2023/119352 , page 33 ⇩

2 E-scooter-Shared-Scheme-Trial-Proposed-Trial-Parameters-August-2022, E2023/124875 , page 66⇩

Report

As part of Council’s Moving Byron Transport Strategy and Operational Plan, the intent of the Public Transport Workshop was to commence discussions in relation to current and future public transport strategies for Byron Shire.

One of the principal goals of the workshop was to reach out to the State Planning team and our local service providers to see how we could improve Byron’s current level of service (Public Transport). This included ideas for ways to fund and service items like;

· On-Demand Services

· Park and Ride Facilities

Key items of discussion (from the workshop)

On-demand services

As a trial, council staff propose implementing a council cab-style service for residents over the age of 60 or those with a disability. For this trial to succeed, it would need to be reasonably priced; for example, the City of Gold Coast charges $2 per trip or $4 for a return journey. We will also likely need to establish catchment locations and days of operation throughout the Shire, as shown in the example, table 1 below. It was noted that Byron Cabs would be interested in exploring ways to facilitate this scenario. As this type of service would require a considerable amount of funding to subsidise the fares, staff are awaiting state advice to determine if there is an appropriate funding stream for this type of service.

Table 1: Example on demand cab service

Suburb	Day of Service	Destination
Mullumbimby	Tuesday	Burringbar Street
Byron Bay	Wednesday	Jonson Street

Park and ride

The benefits of providing park and ride were well recognised within the group regarding;

· reduced traffic congestion,

· environmental benefits,

· efficient land use,

· parking demand,

· worker parking etc

Byron Bay would be a great case study for a trial scenario, considering the current congestion issues at Ewingsdale Rd and the parking demand within the town and along the beachfront. The Cavanbah Centre is an ideal location for a park-and-ride facility for Byron Bay. It is situated far enough away from the M1 to avoid impacting the ramp, and it is well within riding/walking distance should a bike share scheme alongside a shuttle service?

Should state funding be found for this type of program, staff will prioritise the Cavanbah Centre as the location for a park-and-ride trial for Byron Bay. However, it is considered that parking capacity and days of operation would be limited by events at the centre itself.

It should be noted that staff have reached out to Lime E-Bike share to see what services can be provided.

E-scooter pilot program

Transport for New South Wales had previously invited Councils to nominate active travel links (on/off-road) to participate in a State-run commercial e-scooter trial. Details for this trial can be found within attachment 2 of this report. Byron Shire did not participate in this trial due to the issues discussed within this report below.

Parameters of the trial:

E-scooter use will be permitted in approved trial areas only, on:

· Bicycle paths/lanes

· Shared paths

· Roads with a speed limit of 50 km/h or lower

Trial boundaries must be clearly defined and ‘no-go’ zones may be established. E-scooter use will not be permitted on footpaths.

Council staff do not support an e-scooter without a significant review of our network that considers appropriate corridors for use.

Some considerations for appropriate infrastructure for micro-mobility use include;

· Shared paths: the path should have a nominal setback (1.5m) from path-side hazards like street furniture etc.

· Roads: as scooter users will likely not claim the lane the road edges would need to be appropriate for use (considering small wheels), free from potholes, regularly swept, and the road would need to be geofenced to ensure the devices were kept within the approved corridors.

Staff consider E-scooters unsuitable for the shires transport network based on the actual commuter value and associated safety risks. It must be noted that the trial allows for speeds of up to 10km/h on our shared paths and up to 20km/h on the road creating an additional enforcement burden on our local Police.

* Personal e-scooters remain illegal on NSW roads and road-related areas, including footpaths, shared paths and bicycle lanes.

Review of the existing bus services

One of the shires local service providers Blanches Bus Company is currently reviewing their timetables and route planning. Accordingly, Council staff have reached out to assist and understand any deficiencies in infrastructure etc. that could help them provide better services for the Shire.

In 2020 Northern Rivers Bus Lines and Ballina Bus Lines were participated in the States 16 regional cities improvement program. The objectives of the program were to build a simpler and more efficient public transport network, that considers the needs of local communities. Also, working with communities to improve bus services to the benefit of residents and businesses. This includes providing or planning for additional services and better connections between different public transport modes.

It is unclear what improvements our region benefited from this program. Transport for New South Wales have advised that they will look at the planning that came out of this program to see what improvements were delivered to the area and if there is still opportunity for our local providers to re-enter/join the program again.

Figure 1: Current planning and service improvements 16 Regional City Service Program

Trip planner website

Customer support in terms of access to trip planning technology was also discussed. The bus lines have advised that there is an online service for the Shire going live in January (potentially Trip Planner, through transportnsw.info.).

Staff will look at ways to potentially promoting services through our own online media.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
5: Connected Infrastructure	5.2: Connect the Shire through integrated transport services	5.2.1: Regional transport links - Lead, engage and partner to develop a sustainable regional transport network that supports local roads to deliver services to our community	5.2.1.1	Review 'Moving Byron', the Shire's Integrated Transport Strategy 2022 - 2042 to incorporate NSW's integrated transport planning framework

Consultation and Engagement

Ongoing work with Transport for New South Wales will continue to take place to ensure Council can secure funding to facilitate the communities transport expectations.

Venue	Conference Room, Station Street, Mullumbimby
Date	Tuesday, 12 December 2023
Time	12:30pm