Agenda of Transport and Infrastructure 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

Minutes from Previous Meetings 3.1

Minutes from Previous Meetings

Report No. 3.1 Adoption of Minutes from Previous Meetings

Directorate: Infrastructure Services

File No: I2025/482

RECOMMENDATION:

That the minutes of the Transport and Infrastructure Advisory Committee Meeting held on 20 June 2024 be confirmed.

Attachments:

1 Minutes 20/06/2024 Transport and Infrastructure Advisory Committee, I2024/927 , page 8⇩

Report

The attachment to this report provides the minutes of the Transport and Infrastructure Advisory Committee Meeting of 20 June 2024 .

Report to Council

The minutes were reported to Council on 15 August 2024

Comments

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

Report No. 14.2 Report of the Infrastructure Advisory Committee Meeting held on 20 June 2024

File No: I2024/981

24-396

Resolved that Council notes the minutes of the Infrastructure Advisory Committee Meeting held on 20 June 2024. (Lyon/Westheimer)

24-397

Resolved that Council adopts the following Committee Recommendation:

Report No. 3.1Adoption of Minutes from Previous Meetings

File No: I2024/873

Committee Recommendation 3.1.1

That the minutes of the Infrastructure Advisory Committee Meeting held on 29 February 2024 be confirmed. (Lyon/Westheimer)

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1

Staff Reports - Corporate and Community Services

Report No. 4.1 Integrated Planning and Reporting

Directorate: Corporate and Community Services

Report Author: Amber Evans Crane, Corporate Planning and Improvement Coordinator

File No: I2025/159

Summary:

This report provides an overview of Council’s Integrated Planning and Reporting Framework and invites discussion on priority areas for inclusion in Council’s delivery program.

RECOMMENDATION:

That the Transport and Infrastructure Advisory Committee:

1. Notes Council’s Integrated Planning and Reporting Framework;

2. Notes Council’s priorities as identified by Councillors for the 2025 – 2029 and Delivery Program

Background to Integrative Planning and Reporting (IP&R)

The Integrated Planning and Reporting Framework in NSW requires all councils to adopt a suite of strategic plans. These long-term plans provide transparency and make it possible for Council to plan in a manner which ensures that community needs and priorities are responded to well into the future. Council also has a suite of strategies, plans and policies which help inform operations and decision making, and these policies are adhered to in alignment with the Integrated Planning and Reporting Framework.

The central IP&R documents are outlined in more detail:

10 Year Community Strategic Plan

Leading the Council’s planning hierarchy, the Community Strategic Plan (CSP) captures the community’s vision, aspirations, and expectations for the future. It identifies key social, economic, and environmental priorities and long term strategies to achieve these goals over the next 10 years.

The CSP outlines the vision, community objectives and supporting strategies which will guide Council’s long-term decision making. Robust engagement with the community about their desires and expectations has guided the long-term future planning to meet the needs and aspirations of the community.

10 Year Resourcing Strategy

The resourcing strategy addresses the sustainable long term financial, asset management, and workforce planning requirements. This is the point where Council assists the community by sorting out who is responsible for what, in terms of the issues identified in the Community Strategic Plan.

4 Year Delivery Program

The delivery program translates the community strategic plan goals into actions. It is Council’s commitment to the community, outlining what it intends to do toward achieving the goals of the community strategic plan during its term of office. The Delivery Program is the single point of reference for all principal activities undertaken by Council. All plans, projects, activities, and funding allocations must be directly linked to the four-year delivery program.

Annual Operational Plan

The Delivery Program is supported by an annual Operational Plan which details the individual projects and activities that will be undertaken each year to achieve the commitments of the Delivery Program. The Operational Plan is supported by a detailed budget and a statement of revenue policy, which also sets the fees and charges for that year.

Advisory Committee Input into IP&R

The key IP&R documents described in the Background section are in the process of review as is the requirement following a local government election.

The current Community Strategic Plan (CSP) 2032 has been reviewed and the next iteration, the CSP 2035, was placed on public exhibition at the 28 November 2024 Ordinary Council meeting with submissions open until 9 February 2025. The revised CSP will be presented back to Council for adoption in May 2025. The draft can be found on Council’s website at www.byron.nsw.gov.au/communityplan.

Adjacent to this, the Delivery Program 2025 – 2029 and Operational Plan 2025/26 are being developed. Both documents will be presented to Council in May 2025 and placed on public exhibition for public feedback.

The four-year priorities recently identified by Councillors for inclusion in the Delivery Plan 2025-2029 that relate to the Committee include:

· Road network maintenance

· Road renewal and upgrades

· Active transport - pedestrians and cycleways

· Multi-use rail corridor

· Restore road network

· Regional transport links

· Public transport

· Traffic Management

· Parking

· Future needs

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership	1.1: Enhance trust and accountability through open and transparent leadership	1.1.4: Performance Measurement and Reporting - Embed a robust performance management system through the development of an outcomes measurement framework	1.1.4.4	Prepare the 2025-2029 Delivery Program

Statutory Considerations

Integrated Planning and Reporting is governed by:

· ‘Local Government Act 1993’.

· ‘Local Government (General) Regulation 2021’.

· Integrated Planning and Reporting Guidelines for Local Government in NSW’: outlines the statutory planning and reporting requirements that councils, county councils and joint organisations must meet

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Staff Reports - Infrastructure Services

Report No. 4.2 Capital Program 2025/26

Directorate: Infrastructure Services

Report Author: Samuel Frumpui, Manager Works

Dan Boyle, Project Manager

Chloe Woods, Acting Executive Assistant Infrastructure Services

File No: I2025/439

Summary

To provide the Committee a status report on the progress of the 2025/26 Capital Works Program in conjunction with the (10) year Capital Works Program.

Updates on all Infrastructure Services Capital Works projects will be provided at the meeting via Council’s Project Management Control system, Pulse, as required.

RECOMMENDATION:

That the Committee notes the Draft 2025/26 Capital Works Program and Draft 10-year Capital Works program.

Attachments:

1 Works 10 Year Plan 2025-2034, E2023/94997 , page 19 ⇩

2 Construction Capital Works Program, E2025/38061 , page 25⇩

Report

Report also outlines projects/programs currently being delivered, completed and future works for this year.

25/26 FY Program & 10 Year Capital Works Program

The works team maintain a 10-year plan that is updated each year as part of the annual budget process. The update process commences in August each year and is concluded in December each year. Following this the plan is escalated internally for consideration and then to Council and community consultation process.

Attachment 1 is not a completed review, the current review has commenced, but is not complete, therefore this document is a work in progress. The budget is not currently balanced against available budgets and will need to change to balance the budgets.

It is noted that this plan is balanced each year against available projected budgets. It does not reflect the real needs of our infrastructure network. It aims to strike a mix of renewals, upgrade and new assets, that allow staff to seek grant funds with Council’s contributions for new works or upgrades while also completing essential renewal works.

Annual budgets are not sufficient to meet the renewal needs of Council, this is unlikely to ever change, therefore, staff have the difficult task of working out which are the most urgent works and carry the most risk to Council. Staff also try to ensure the program represents the best value for money for Council, this may result in the program looking unusual, but it will represent the best way of spending Council funds.

Attachment 2 details clearly our Capital Works Program for the 25/26 FY.

Council’s internal delivery team is also focused in delivering approved Natural Disaster Essential Public Assets Reconstruction (EPAR) works for AGRN1012.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
5: Connected Infrastructure	5.3: Invest in renewable energy and emerging technologies	5.3.1: Future needs - Plan for the infrastructure needs of the current and future population	5.3.1.1	Review and update 10-year flood and drainage renewal, upgrade and stormwater levy program
5: Connected Infrastructure	5.3: Invest in renewable energy and emerging technologies	5.3.1: Future needs - Plan for the infrastructure needs of the current and future population	5.3.1.3	Review and update 10-year roads and bridges renewal and upgrade program
5: Connected Infrastructure	5.3: Invest in renewable energy and emerging technologies	5.3.1: Future needs - Plan for the infrastructure needs of the current and future population	5.3.1.4	Review and update 10-year Active Transport renewal and upgrade program

Recent Resolutions

Nil

Legal/Statutory/Policy Considerations

Nil

Financial Considerations

Capital Works 10-year program have been developed around balancing budgets within projected budget allocations.

Most projects are fully funded by Council for delivery in 2025/26, with additional funding from State and Federal.

Any budget amendments will be subject to the quarterly budget review.

Given the current budget constraints, the challenge of aligning available funds with the pressing infrastructure needs is exacerbated. The risk of not meeting our delivery targets, particularly for essential renewals and EPAR works, is a concern. Delays in meeting these targets could undermine Council’s ability to maintain infrastructure reliability, impact service delivery, and potentially lead to increased costs in the long term.

Consultation and Engagement

Nil

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 17 April 2025
Time	9:00 AM