Agenda of Local Traffic Committee - Monday, 14 November 2022

Local Traffic Committee

CHARTER

The Local Traffic Committee is formed under the NSW Roads & Traffic Authority – "A Guide to the Delegation to Councils for the Regulation of Traffic (including the operation of Traffic Committees) – November 2006"

Formal (Voting) Members

Port Macquarie-Hastings Council

Roads & Traffic Authority

NSW Police

Member for Port Macquarie

Member for Oxley

Informal (Non-Voting) Advisors

Road Safety Officer

Ministry of Transport

NSW Fire Brigade

NSW Ambulance Service

Local Bus Company/s

Transport Workers Union

Chambers of Commerce

Informal advisors are only required to attend the LTC when items appear on the agenda which affect their area of expertise or responsibility

Quorum

There is no need for a specific quorum to allow a Committee meeting to proceed. The advice of the Roads & Traffic Authority and the NSW Police must be sought to allow Council to exercise its delegated authority.

Convenor

The Committee shall be convened by the Council voting representative. It shall be the responsibility of the convenor to ensure the conduct of the meeting including voting, informal advisor, public and media participation is undertaking in accordance with the RTA Guidelines.

Roles

· To advise Council on traffic related matters referred to the Committee

· To ensure matters referred to the Committee meets current technical guidelines

· To ensure matters referred to the Committee for which Council has delegated authority are voted upon.

Administration

Council’s Transport and Stormwater Network Section is responsible for the co-ordination of Committee advice, scheduling of meetings, preparation and circulation of meeting minutes and providing general support services to the Committee. The Section is also responsible for providing advice in relation to the conduct of meetings.

Delegations

Council has delegations to authorise traffic control facilities and devices as prescribed in the Delegations to Councils – Regulation of Traffic October 2001.

Council has sub-delegated its powers in respect of Division 1 of Part 4 of the Road Transport (Safety and Traffic Management ) Act 1999 and Division 2 of Part 5 of the Road Transport (Safety and Traffic Management ) (Road Rules) Regulation 1999 to the Director of Infrastructure Services and the Technical Services Manager.

Local Traffic Committee

ATTENDANCE REGISTER

Member	25/07/22	13/10/22
Peta Pinson Mayor (Chair)	P	P
Adam Roberts Deputy Mayor Adam Roberts (Deputy Chair)	X
NSW Police		A
TfNSW	P	P
Jenny Felsch - TfNSW - Lead Community and Safety Partner	P	P
Representative of Hon Leslie Williams MP (Member for Port Macquarie)	X
Melinda Pavey MP Representative of (Member for Oxley) or Representative	P
Non-voting:
Port Macquarie Taxis	X	A
Busways	P	P
Robert Fish (PMHC Director Community Infrastructure)	X
Blayne West (PMHC - Group Manager Community Infrastructure Planning & Design)	X	P
Peter Jenkins (PMHC - Senior Transport & Road Asset Engineer)	P	P
Kyle Stevens (PMHC - Transport and Stormwater Engineer Planning Manager)	P	A
Carmen Abi-Saab (PMHC Infrastructure Stakeholder Relations Manager)	P	A
Justine Jeffery (PMHC Admin. Officer)	P	P
Craig Whalan (PMHC Education Officer, Community)	P
Dette Gammon (PMHC Education Team Leader)		P
Trent Boyle (PMHC Education Officer)		P

Key: P = Present

PV = Proxy Vote

A = Absent With Apology

X = Absent Without Apology

Meeting Dates for 2022

09/02/2022	Committee Room	1.00 pm
17/05/2022	Committee Room	1.00 pm
25/07/2022	Committee Room	1.00 pm
26/09/2022	Committee Room	1.00 pm
14/11/2022	Committee Room	1.00 pm

MINUTES

Local Traffic Committee Meeting

13/10/2022

PRESENT

Members:

Mayor Peta Pinson (Chair)

John Carey (TfNSW)

Other Attendees:

Group Manager Community Infrastructure Planning and Design (Blayne West)

Transport and Traffic Engineer (Peter Jenkins)

Executive Assistant, Community Infrastructure (Justine Jeffery)

Education Team Leader (Dette Gammon)

Education Officer (Trent Boyle)

Busways (Malcolm Britt)

TfNSW - Lead Community and Safety Partner (Jenny Felsch)

TfNSW - Associate Community and Safety Partner (Lee Taylor)

The meeting opened at 2:00pm.

01 ACKNOWLEDGEMENT OF COUNTRY

The Acknowledgement of Country was delivered.

02 APOLOGIES

CONCENSUS:

That the apologies from Daniel Finch (NSW Police), Vince Nichols (NSW Police), Carl Eade (Port Taxi), Kyle Stevens (PMHC), Carmen Abi-Saab (PMHC) be accepted.

UNANIMOUS SUPPORT

03 CONFIRMATION OF MINUTES

consensus:

That the Minutes of the Local Traffic Committee Meeting held on 26 September 2022 be confirmed.

UNANIMOUS SUPPORT

04 DISCLOSURES OF INTEREST

There were no disclosures of interest presented.

05 Business arising from previous minutes

CONSENSUS:

Item: 05.01 Parking Restrictions - NSW RFS Jungarra Close, Bonny Hills.

DISCUSSION:

Possibility of installing “No Parking Emergency Vehicles Only”, restricting parking to identifiable Emergency Vehicles.

CONSENSUS:

That the Local Traffic Committee request Council:

1. Install ‘No Parking Emergency Vehicles Only” signs on Jungarra Close opposite the RFS building. Inform the NSW Rural Fire Service, in Jungarra Close, Bonny Hills of the outcome.

2. Notify adjoining residents and businesses of proposed parking changes.

UNANIMOUS SUPPORT

06 Intersection Treatments - College Rise/Sovereign Hills

CONSENSUS:

That the Local Traffic Committee request Council:

1. Support the option to upgrade several intersections in the College Rise/Sovereign Hills areas with Give Way signage and associated line marking.

2. Notify adjoining residents of proposed upgrades.

UNANIMOUS SUPPORT

07 Parking Restrictions - Brownings Lane, Wauchope

CONSENSUS:

That the Local Traffic Committee request Council to:

1. Support the option to implement No Stopping signage along the northern side of Browning’s Lane, Wauchope.

2. Notify adjoining businesses of proposed parking changes.

UNAMINOUS SUPPORT

08 Disabled Parking - Mullaway Road, Lake Cathie Community Hall

CONSENSUS:

That the Local Traffic Committee request Council:

1. Support the option to implement two disabled parking spaces adjacent to the Lake Cathie Community Hall, Mullaway Street, Lake Cathie.

2. Notify adjoining businesses and residents of proposed parking changes.

UNINAMOUS SUPPORT

09 Parking Delineation - Ocean Drive, North Haven

CONSENSUS:

That the Local Traffic Committee request Council:

1. Support the option to install additional parking delineation along Ocean Drive between Pioneer and Vine Streets, North Haven.

2. Advise adjacent businesses and residents of proposed upgrades.

UNINAMOUS SUPPORT

10 Parking Signage - Bridge Street Carpark, Port Macquarie

CONSENSUS:

That the Local Traffic Committee request Council:

1. Support the option to implement “Park in Marked Bays Only” signage to the public carpark in Bridge Street, Port Macquarie.

2. Notify adjoining businesses and residents of the proposed signage.

UNINAMOUS SUPPORT

11 GENERAL BUSINESS

11.01 - Out of Session Item Beach to Brother Trail Running Festival

Noted that the report was circulated as an out of session item and all recommendations unanimously supported.

11.02 Stop sign Hastings River Drive

DISCUSSION:

Request received to change the “Stop” sign to “Give Way” sign at the intersection of Hastings River Drive and the “Old Highway” noting that traffic has significantly reduced.

NOT SUPPORTED

11.03 CONFIDENTIAL MATTER - Change to parking signage

CONSENSUS:

That the Local Traffic Committee request Council to implement recommendations outlined.

The meeting closed at 2:53pm

AGENDA Local Traffic Committee 14/11/2022

Item: 04

Subject: DISCLOSURES OF INTEREST

RECOMMENDATION

That Disclosures of Interest be presented

DISCLOSURE OF INTEREST DECLARATION

Name of Meeting:

Meeting Date:

Item Number:

Subject:

I, the undersigned, hereby declare the following interest:

Pecuniary:

Take no part in the consideration and voting and be out of sight of the meeting.

Non-Pecuniary – Significant Interest:

Take no part in the consideration and voting and be out of sight of the meeting.

Non-Pecuniary – Less than Significant Interest:

May participate in consideration and voting.

For the reason that:

Name:

Signed:

Date:

Please submit to the Governance Support Officer at the Council Meeting.

(Refer to next page and the Code of Conduct)

Pecuniary Interest

4.1 A pecuniary interest is an interest that you have in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to you or a person referred to in clause 4.3.

4.2 You will 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 you might make in relation to the matter, or if the interest is of a kind specified in clause 4.6.

4.3 For the purposes of this Part, you will have a pecuniary interest in a matter if the pecuniary interest is:

(a) your interest, or

(b) the interest of your spouse or de facto partner, your relative, or your partner or employer, or

4.4 For the purposes of clause 4.3:

(a) Your “relative” is any of the following:

i) your parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

ii) your spouse’s or de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

iii) the spouse or de facto partner of a person referred to in paragraphs (i) and (i)

(b) “de facto partner” has the same meaning as defined in section 21C of the Interpretation Act 1987.

4.5 You will not have a pecuniary interest in relation to a person referred to in subclauses 4.3(b) or (c)

(a) if you are unaware of the relevant pecuniary interest of your spouse, de facto partner, relative, partner, employer or company or other body, or

(b) just because the person is a member of, or is employed by, a council or a statutory body, or is employed by the Crown, or

(c) just because the person is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares of the company or body.

Non-Pecuniary

5.1 Non-pecuniary interests are private or personal interests a council official has that do not amount to a pecuniary interest as defined in clause 4.1 of this code. These commonly arise out of family or personal relationships, or out of involvement in sporting, social, religious or other cultural groups and associations, and may include an interest of a financial nature.

5.2 A non-pecuniary conflict of interest exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your official functions in relation to a matter.

5.3 The personal or political views of a council official do not constitute a private interest for the purposes of clause 5.2.

5.4 Non-pecuniary conflicts of interest must be identified and appropriately managed to uphold community confidence in the probity of council decision-making. The onus is on you to identify any non-pecuniary conflict of interest you may have in matters that you deal with, to disclose the interest fully and in writing, and to take appropriate action to manage the conflict in accordance with this code.

5.5 When considering whether or not you have a non-pecuniary conflict of interest in a matter you are dealing with, it is always important to think about how others would view your situation.

Managing non-pecuniary conflicts of interest

5.6 Where you have a non-pecuniary conflict of interest in a matter for the purposes of clause 5.2, you must disclose the relevant private interest you have in relation to the matter fully and in writing as soon as practicable after becoming aware of the non-pecuniary conflict of interest and on each occasion on which the non-pecuniary conflict of interest arises in relation to the matter. In the case of members of council staff other than the Chief Executive Officer, such a disclosure is to be made to the staff member’s manager. In the case of the Chief Executive Officer, such a disclosure is to be made to the mayor.

5.7 If a disclosure is made at a council or committee meeting, both the disclosure and the nature of the interest must be recorded in the minutes on each occasion on which the non-pecuniary conflict of interest arises. This disclosure constitutes disclosure in writing for the purposes of clause 5.6.

5.8 How you manage a non-pecuniary conflict of interest will depend on whether or not it is significant.

5.9 As a general rule, a non-pecuniary conflict of interest will be significant where it does not involve a pecuniary interest for the purposes of clause 4.1, but it involves:

a) a relationship between a council official and another person who is affected by a decision or a matter under consideration that is particularly close, such as a current or former spouse or de facto partner, a relative for the purposes of clause 4.4 or another person from the council official’s extended family that the council official has a close personal relationship with, or another person living in the same household

b) other relationships with persons who are affected by a decision or a matter under consideration that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship.

c) an affiliation between the council official and an organisation (such as a sporting body, club, religious, cultural or charitable organisation, corporation or association) that is affected by a decision or a matter under consideration that is particularly strong. The strength of a council official’s affiliation with an organisation is to be determined by the extent to which they actively participate in the management, administration or other activities of the organisation.

d) membership, as the council’s representative, of the board or management committee of an organisation that is affected by a decision or a matter under consideration, in circumstances where the interests of the council and the organisation are potentially in conflict in relation to the particular matter

e) a financial interest (other than an interest of a type referred to in clause 4.6) that is not a pecuniary interest for the purposes of clause 4.1

f) the conferral or loss of a personal benefit other than one conferred or lost as a member of the community or a broader class of people affected by a decision.

5.10 Significant non-pecuniary conflicts of interest must be managed in one of two ways:

a) by not participating in consideration of, or decision making in relation to, the matter in which you have the significant non-pecuniary conflict of interest and the matter being allocated to another person for consideration or determination, or

b) if the significant non-pecuniary conflict of interest arises in relation to a matter under consideration at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.28 and 4.29.

5.11 If you determine that you have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest you must also explain in writing why you consider that the non-pecuniary conflict of interest is not significant and does not require further action in the circumstances.

5.12 If you are a member of staff of council other than the Chief Executive Officer, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of your manager. In the case of the Chief Executive Officer, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of the mayor.

5.13 Despite clause 5.10(b), a councillor who has a significant non-pecuniary conflict of interest in a matter, may participate in a decision to delegate consideration of the matter in question to another body or person.

5.14 Council committee members are not required to declare and manage a non-pecuniary conflict of interest in accordance with the requirements of this Part where it arises from an interest they have as a person chosen to represent the community, or as a member of a non-profit organisation or other community or special interest group, if they have been appointed to represent the organisation or group on the council committee.

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

This form must be completed using block letters or typed.

If there is insufficient space for all the information you are required to disclose,

you must attach an appendix which is to be properly identified and signed by you.

[insert full name of councillor]

In the matter of

[insert name of environmental planning instrument]

Which is to be considered at a meeting of the

[insert name of meeting]

Held on

[insert date of meeting]

PECUNIARY INTEREST

Address of the affected principal place of residence of the councillor or an associated person, company or body (the identified land)

Relationship of identified land to councillor

[Tick or cross one box.]

 The councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease, trust, option or contract, or otherwise).

 An associated person of the councillor has an interest in the land.

 An associated company or body of the councillor has interest in the land.

MATTER GIVING RISE TO PECUNIARY INTEREST[1]

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land2

[Tick or cross one box]

 The identified land.

 Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

Effect of proposed change of zone/planning control on councillor or associated person

[Tick or cross one box]

 Appreciable financial gain.

 Appreciable financial loss.

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest]

Councillor’s Signature: ………………………………. Date: ………………..

This form is to be retained by the council’s Chief Executive Officer and included in full in the minutes of the meeting

Last Updated: 3 June 2019

Important Information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under clause 4.36(c) of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).

The special disclosure must relate only to a pecuniary interest that a councillor has in the councillor’s principal place of residence, or an interest another person (whose interests are relevant under clause 4.3 of the Model Code of Conduct) has in that person’s principal place of residence.

Clause 4.3 of the Model Code of Conduct states that you will have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative or because your business partner or employer has a pecuniary interest. You will also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

“Relative” is defined by clause 4.4 of the Model Code of Conduct as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints about breaches of these requirements are to be referred to the Office of Local Government and may result in disciplinary action by the Chief Executive of the Office of Local Government or the NSW Civil and Administrative Tribunal.

This form must be completed by you before the commencement of the council or council committee meeting at which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

[1] Clause 4.1 of the Model Code of Conduct provides that a pecuniary interest is 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. 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 the matter, or if the interest is of a kind specified in clause 4.6 of the Model Code of Conduct.

2 A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in clause 4.3 of the Model Code of Conduct has a proprietary interest

AGENDA Local Traffic Committee 14/11/2022

Item: 05

Subject: BUSINESS ARISING FROM PREVIOUS MINUTES

Item:	09.	Date:	27/10/2021
Subject:	Bago Road Speed Zone Review
Action Required:	27/10/2021 - That the Committee recommend that Council approach TfNSW requesting a speed zone review. 09/12/2021 - Council have contacted TfNSW requesting a speed zone review of Bago Road. 15/12/2021 - Council to collate information, and traffic count data and forward to TfNSW. 05/09/2022 Contact TfNSW representatives requesting update on Speed Zone Review 26/09/2022 - TfNSW are currently working through a number of speed zone review requests and working to schedule speed zone reviews in our area. 12/10/2022 - Follow up with TfNSW, timing not yet finalised for speed zone reviews in our area.
Current Status:	Ongoing

Item:	05.01	22/07/2022
Subject:	Parking Restrictions - NSW RFS Jungarra Close, Bonny Hills
Action Required:	22/07/2022 - Request Council to conduct a site visit to complete a swept path analysis. 26/09/2022 - Request Council to install “No Parking, Emergency Vehicles Only” signage and communication to surrounding businesses and residents.
Current status:	10/11/2022 Signs have been ordered, letters have been sent to surrounding businesses, RFS, and residents.

Item:	08.01	22/07/2022
Subject:	Jindalee Road Parking Restrictions
Action Required:	22/07/2022 - Request the installation of “15-minute Timed Parking” zone signs be installed and notification to surrounding businesses and residents advising changes to parking. 26/09/2022 - Signs have been ordered and adjoining business and residents have been notified of changes.
Current Status:	10/11/2022 Signs have been installed, businesses have been notified.

Item	08.02	22/07/2022
Subject	Sovereign Hills Intersections
Action Required	22/07/2022 That the Committee request Council discuss with police to confirm intersection safety issue, and conduct a review of all intersections in the Sovereign Hills subdivision and prepare a report for the Local Traffic Committee. 13/10/2022 - That the Committee request Council to install signage and notify surrounding residents.
Current Status	10/11/2022 Signs have been ordered, letters have been sent to surrounding businesses and residents.

Item	07	13/10/2022
Subject	Parking Restrictions - Brownings Lane, Wauchope
Action Required	13/10/2022 That the Committee request Council to support the option to implement No Stopping signage along the northern side of Brownings Lane, Wauchope. 13/10/2022 That the Committee request council to notify adjoining businesses of proposed parking changes
Current Status	10 11 2022 Signs have been ordered, letters have been sent to surrounding businesses and residents.

Item	08	13/10/2022
Subject	Disabled Parking - Mullaway Road, Lake Cathie Community Hall
Action Required	13/10/2022 That the Committee request Council to support the option to implement two disabled parking spaces adjacent to the Lake Cathie Community Hall, Mullaway Street, Lake Cathie. 13/10/2022 That the Committee request council to notify adjoining businesses of proposed parking changes
Current Status	10/11/2022 Signs have been ordered, letters have been sent to surrounding businesses and residents.

Item	09	13/10/2022
Subject	Parking Delineation - Ocean Drive, Northhaven
Action Required	13/10/2022 That the Committee request Council to support the option to install additional parking delineation along Ocean Drive between Pioneer and Vine Streets, North Haven. 13/10/2022 That the Committee request council to advise adjacent businesses and residents of proposed upgrades .
Current Status	10/11/2022 Letters have been sent to surrounding businesses and residents, line marking has been added to line marking program.

Item	10	13/10/2022
Subject	Park Signage - Bridge Street Carpark, Port Macquarie
Action Required	13/10/2022 That the Committee request Council to support the option to implement “Park in Marked Bays Only” signage to the public carpark in Bridge Street, Port Macquarie. 13/10/2022 That the Committee request council to notify adjoining businesses and residents of the proposed signage.
Current Status	10/11/2022 Signs have been ordered, letters have been sent to surrounding businesses and residents.

Item	11.03	13/10/2022
Subject	General Business CONFIDENTIAL MATTER: Change to parking signage
Action Required	RECOMMENDATION: That the Local Traffic Committee request Council to install signage as recommendations.
Current Status	10/ 11/2022 Signs have been ordered.