Agenda of Local Traffic Committee - Wednesday, 27 September 2023

LOCAL TRAFFIC COMMITTEE CHARTER

Adopted: ORD 07/05/07

Amended: Reaffirmed ORD 27/08/07, Reaffirmed ORD 16/12/09

1. Purpose

The Local Traffic Committee (LTC) is a technical review committee 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 2016”. The committee provides advice on matters referred to it by Council. Council must refer all traffic related matters to the Local Traffic Committee prior to exercising its delegated functions relating to:

a) Authorisation of prescribed traffic control devices covered under Division 1 of Part 4 (Section 50 to 55) of the Road Transport (Safety and Traffic Management) Act, 1999.

b) Regulation of traffic under Division 2 of Part 8 (Sections 116 to 119) of the Roads Act, 1993.

c) Authorisation of special event parking schemes under Division 2 of Part 5 (clause 122 and 123) of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation, 1999.

2. Chairperson

The meeting is chaired by the Mayor or Deputy Mayor, if neither representatives are present, the meeting will be chaired by the most senior Council staff representative from the Community Infrastructure Planning and Design team present at the meeting.

3. Membership

The LTC is to be made up of four formal members. Each formal member is entitled to vote on matters being considered by the LTC. The members are as follows:

a) One representative of Council,

b) One representative of the NSW Police;

c) One representative of the Transport for NSW;

d) The local State Members of Parliament (MP) or their nominee (noting they may only vote on items within their electorates).

If the Mayor or Deputy Mayor are not present for the meeting, Council’s voting position will be delegated to the most Senior Council representative from the Community Infrastructure Planning and Design team.

Council may also decide to have additional non-voting informal members of the LTC. These additional advisers can include:

Non-voting Advisory Positions

a) Council Community Infrastructure Planning and Design Group Manager;

b) Council Senior Transport and Road Asset Engineer;

c) Council Community Infrastructure Stakeholder Engagement Manager;

d) Council Education Team Leader, Community;

e) Council Education Officer;

f) One representative of the Ministry Transport;

g) One representative of the NSW Fire Brigade;

h) One representative of the NSW Ambulance Service;

i) One representative of the Transport Workers Union;

j) One representative of each local Bus operator;

k) One representative of each local Taxi operator.

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

4. Quorum

The LTC has no quorum requirement for its meetings. As Council, can only exercise its delegation after seeking the advice of the NSW Police and TfNSW, if a voting delegate cannot attend a meeting, they can be consulted via email or telephone, and their advice will be included in the recommendation of the LTC. As such a meeting can go ahead with any number of voting members as long as all absent members are consulted on each matter.

5. Voting

While an organisation, which is a voting member, may choose to have more than one representative, that organisation is still limited to one vote only.

In cases where more than one representative from the NSW Police, TfNSW, Local Member or Council is in attendance at the meeting, all representatives can remain during deliberations and voting, however, the NSW Police, TfNSW, Council and Local Member will only be entitled to one vote each. The most senior representative from each organisation will hold the right to vote, the nominated voting person will need to be declared at the commencement of the meeting.

As Council, can only exercise its delegation after seeking the advice of the NSW Police, TfNSW and the Local Member, if a voting member cannot attend a meeting, they can be consulted via email and their advice will be included in the recommendation of the LTC and the minutes.

In cases of urgency or subject to current public health orders, Council may consult via electronic means with the voting members of the Committee, for the purposes of seeking their advice, without the need for a face-to-face meeting.

The advice of the LTC to Council or its Sub-Delegate on a particular matter must be one of the following:

a) Unanimous support;

a) Majority support;

b) Split vote;

c) Minority support; or

d) Unanimous decline.

Where the advice of the LTC is not unanimous, the dissenting vote should be named and noted in the recommendation to Council, or its sub delegate.

The Chairperson of the LTC does not have a casting vote on any matter considered by the LTC.

If the Council decides to proceed with a proposal where the advice from the LTC is not unanimous support, then the Council must first advise TfNSW and the NSW Police Representatives in writing of their intention to approve the proposal. The TfNSW or the NSW Police may then lodge an appeal to the Regional Traffic Committee. Council must not exercise any of the functions, in relation to the subject proposal, for a period of 14 days from the date of notification in writing.

6. 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 TfNSW. Guidelines.

7. Meeting Formats

Council’s Community Infrastructure Planning and Design team are responsible for the co-ordination of Committee advice, scheduling of meetings, preparation and circulation of meeting minutes, and provide general support services to the Committee. The Community Infrastructure Planning and Design team is also responsible for providing advice in relation to the conduct of meetings.

The most common format for LTC meetings is regular face to face meeting held in the offices of the Council.

Acceptable alternative meeting formats include:

· Electronic meetings - where the advice of the members is sought via email or via virtual meeting.

· A combination of electronic and face to face meetings

a) Agendas, minutes, and reports

All meetings require the preparation of an agenda. An agenda must be pre prepared by Council and circulated to all formal members and informal advisors of the Committee a minimum of one week prior to the meeting.

For each agenda item, Council must prepare a report which must contain a brief summary of the issue, detail of the proposed solution including a plan if the proposal involves signs, lines or structures, details of the policies.

Urgent out of session items can be circulated to all formal members and informal advisors of the Committee for consideration and comment. Votes will be recorded via email and tabled at the next meeting to be formally recorded and adopted as a General Business item.

All meetings require a written record of proceedings in the form of formal Minutes. The minutes must be prepared by Council and circulated to all formal members and informal advisors of the Committee within two weeks of the meeting being held. The LTC minutes will be presented at the next Ordinary Council meeting for endorsement.

b) Site visits

It is recommended that each member of the LTC undertake a site visit prior to considering any proposal. This site visit may be undertaken individually or as an organised joint visit.

8. 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

Voting Member:	25/01/23	23/03/23	24/05/23	26/07/23
Mayor Peta Pinson - (Chair)	P	N/A	P	P
Councillor Adam Roberts - (Deputy Chair)	N/A	N/A	A	N/A
Councillor Rachel Sheppard - (Deputy Mayor) (Chair)	N/A	P	A	N/A
Christine Murray - Traffic for NSW	N/A	P	P	P
Stuart Campbell - NSW Police	P	A	A	N/A
Daniel Finch - NSW Police	P	A	A	P
Terry Sara - Representative of Member for Port Macquarie	X	X	A	X
Benn Farrawell - Representative of Member for Oxley	X	X	A	X
Chris Gill - Representative of Member for Oxley	N/A	N/A	N/A	P
Non-voting:
John Carey - Traffic for NSW	A	P	P	A
Tracey Niddrie - Traffic for NSW	N/A	P	A	N/A
Ann-Marie Choice - Traffic for NSW	N/A	P	A	N/A
Carl Eade - Port Macquarie Taxis	P	A	P	N/A
Marie Visvikis - Port Macquarie Taxis	N/A	N/A	N/A	P
Dave Davis - Central Coast and North Coast Busways	N/A	N/A	N/A	P
Robert Fish - Director Community Infrastructure	A	A	A	A
Blayne West - Group Manager Planning and Design	A	N/A	A	A
Peter Jenkins - Senior Transport and Road Asset Engineer	P	P	P	P
Kyle Stevens - Transport and Stormwater Engineer	N/A	P	P	P
Carmen Abi-Saab - Stakeholder Relations Manager	P	P	P	P
Craig Whalan - Education Officer	N/A	N/A	A	N/A
Dette Gammon - Education Team Leader	N/A	N/A	A	N/A
Trent Boyle - Education Officer	P	A	P	P
Rosemary Ashman - Support Officer	P	P	P	N/A
Annette Smith - Project Administration Officer	N/A	P	N/A	P
Observer:
Councillor - Lauren Edwards - PMHC	N/A	P	N/A	N/A

KEY:

P = Present

PV = Proxy Vote

A= Absent With Apology

X= Absent Without Apology

Meeting Dates for 2023

25/01/2023	Committee Room	10:00am - 11:30am
23/03/2023	Blue Room	10:00am - 11:30am
25/05/2023	Committee Room	10:00am - 11:30am
26/072023	Committee Room	10:00am - 11:30am
27/09/2023	Committee Room	10:00am - 11:30am
23/11/2023	Committee Room	10:00am - 11:30am

MINUTES

Local Traffic Committee Meeting

26/07/2023

PRESENT

Members:

Mayor Peta Pinson (Chair)

Christine Murray Transport for NSW

Sergeant Daniel Finch NSW Police Force

Other Attendees:

John Carey Transport for NSW

Malcolm Britt Central Coast and North Coast Busways

Carl Eade Port Macquarie Taxis

Peter Jenkins Senior Transport and Road Asset Engineer

Kyle Stevens Engineer Planning Manager

Carmen Abi-Saab Stakeholder Relations Manager

Rosemary Ashman Support Officer

Trent Boyle Education Officer

The meeting opened at 10.00am.

01 ACKNOWLEDGEMENT OF COUNTRY

The Acknowledgement of Country was delivered.

02 APOLOGIES

CONSENSUS:

That the apologies from the following be accepted:

• Robert Fish Director of Community Infrastructure

• Blayne West Group Manager Community Infrastructure

UNANIMOUS SUPPORT

03 CONFIRMATION OF MINUTES

CONSENSUS:

That the Minutes of the Local Traffic Committee Meeting held on 24 May 2023 be confirmed.

UNANIMOUS SUPPORT

04 DISCLOSURES OF INTEREST

There were no disclosures of interest presented.

05 BUSINESS ARISING FROM PREVIOUS MINUTES

Item	09	25/01/2023
Subject	Parking Restrictions - Pacific Drive, Flynns Beach
Action Required	That the Local Traffic Committee: 1. Council to notify adjacent businesses and residents of any proposed changes to parking restrictions. 2. Consider the various signage options to address parking concerns raised by the business owner of 57 Pacific Drive, Port Macquarie, and decide on a path forward.
Current Status	Awaiting PMHC Engagement team to undertake broader consultation with regards to Option 1 - with the modification (Monday-Sunday 8.30am-6.00pm with 30-minute parking), 2 and 3 to determine community interest with a broader focus on residents and patrons of Flynns Beach Surf Club, adjoining businesses and residents. Upon completion of consultation use the results to further inform decision making.
	Update: The applicant has since contacted Council again, this time requesting provision of a Loading Zone adjacent to their business premises. This is inconsistent with their previous request to adjust the timing of the public parking and negates the previous recommendation of LTC which was to investigate/consult on changing the times of the existing public parking. Customer to be contacted to resolve what outcome they are now seeking.
Update	Continuing to liaise with applicant who now desires a Loading Zone to operate for one morning a week and Parking to operate at all other times. Further discussion. Business owner has changed request to have signage to be a both a loading zone and timed parking. Council to liaise with other businesses on their requirements.

Item	08.03	23/03/2023
Subject	Safety Review for Traffic and Pedestrian Management at Tuppeny Road at Flynns Beach
Action Required	Council is currently reviewing pedestrian and traffic management adjacent to the Flynns Beach Surf Club on Tuppeny Road. This is not a public road, rather a road-related area. Council is reviewing potential for traffic calming devices and signage to manage pedestrian safety. Awaiting a response from Community team on master planning in this area.
Current Status	Port Macquarie-Hastings Council will look at options in conjunction with this masterplan such as pavement markings and signage for safety for pedestrians. Confirmed that there are no specific improvements identified in the Flynns Beach Masterplan. Implementation of reduced speed zone, high pedestrian activity zone still to be addressed.

Item	08.04	23/03/2023
Subject	Traffic And Pedestrian Impacts Alban Place
Action Required	Council is currently reviewing pedestrian and traffic management along Alban Place adjacent to the new amphitheatre. This is not a public road, rather a road-related area. Council is reviewing potential for parking restrictions to manage pedestrian safety.
Current Status	Update: Community engagement required before further consideration Option: To implement a No Stopping Zone on the eastern side on Alban place where parking impacts pedestrian safety. Along with community engagement, letters to important stakeholders will be sent and updates reviewed to deliver at the next committee meeting. Awaiting support/advice from Community Engagement. Update: Community engagement required before further consideration Option: To implement a No Stopping Zone on the eastern side on Alban place where parking and pedestrian traffic blocks up, along with community engagement, letters to important stakeholders will be sent and updates reviewed to deliver at the next committee meeting. 26/7/23 - Council to liaise with external stakeholders who conduct activities in this area, with the review of implementing No Parking Signs on the eastern side of Alban Place.

Item	08.09	25/05/2023
Subject	Pedestrian Refuge On Clifton Drive
Action Required	Public concern for pedestrian refuge on Clifton Drive being too close to Hastings River Drive roundabout. Mayor will pass on email to be brought up at next Local Traffic Committee meeting
Update	26/7/23 - Further discussion. Council to engage with resident further. Review will be considered in line with Walking and Cycling Review including Pedestrian Access Management Plan (PAMP) as part of 2023/2024 Operational Plan.

Item	08.10	25/05/2023
Subject	Parking Petition
Action Required	Kendall Parking Petition item scheduled for next meeting
Update	26/7/23 - Further discussion. To liase with Community Engagement in relation to increased patronage to activities in the area. Council to investigate how to deliver additional parking.

Item	08.11	25/05/2023
Subject	Garden Village Petition
Action Required	Seeking a Pedestrian Refuge Island on Findlay Avenue Port Macquarie
Update	Still to be fully investigated via a precinct traffic study and not treated in isolation 26/7/23 - Engage with Transport for NSW, to investigate the pedestrian count and car count on Finlay Avenue, and what kind of patronage is in this area. Further investigate the crossing further down closer to Hastings River Drive.

Item	08.12	25/05/2023
Subject	Music Festival - Rabbits Eat Lettuce
Action Required	Rabbits Eat Lettuce 28 - 31 March 2024. Expecting 4,000 people per day 10am - 2am. Concerns exit Oxley Highway Port Macquarie - major busy spot.
Update	Transport for NSW to share application with Port Macquarie-Hastings Council. No current application.
NOTES	No further action required.

06 Run Haven 2023 - Camden Haven

CONSENSUS:

That it be a recommendation to the Chief Executive Officer, under sub-delegation, for implementation:

That Council approve the temporary road closure and support the associated transport management arrangements associated with the inaugural Run Haven event to be held on Saturday, 25 November 2023, between 3pm to 8pm, subject to the following conditions:

1. The event shall be carried out in accordance with the application submitted to Council except where varied by any condition of this approval.

2. That the event organiser abides by any other condition that Council or the Police may impose.

3. Council reserves the right to cancel this approval at any time.

4. That the event organiser advertise the following details of all temporary road closures and temporary parking restrictions associated with this event in the local print media on separate days, at least twice (2) within 28 days prior to the event:

· temporary road closure times and duration

· temporary parking restrictions times and duration

· alternative routes and access arrangements.

5. That the event organiser advertises the event by undertaking a letter box drop to all residents and businesses directly affected by the temporary road closures and temporary parking restrictions at least 28 days prior to the event, advising the following:

· event name

· event times

· contact details of at least two (2) people involved in the organisation of the Event, in case of an emergency

· proposed actions to be undertaken to mitigate the impact of the temporary road closures and temporary parking restrictions.

6. That the attached Traffic Management Plan (TMP) dated 18 May 2023 be implemented. Any modifications to the plans must be agreed with Council prior to the running of the event.

7. That the event organiser notifies the NSW Ambulance, NSW Fire & Rescue, NSW Rural Fire Service and the State Emergency Service of the proposed road closures at least 28 days in advance of the event.

8. That the event organiser notifies local Transport Services (Bus Companies, Taxis) of the proposed road closures at least 28 days in advance of the event and assists in developing alternatives for affected users.

9. TfNSW/SafeWork NSW accredited persons (Implement Traffic Control Plans) are to be used for the establishment and removal of the traffic control devices.

10. TfNSW/SafeWork NSW accredited traffic controllers (Traffic Controller) are to be used to control traffic.

11. Council’s Insurance Section be notified and confirm, Council’s Public Liability Insurance Policy covers this event.

12. The event organiser must be onsite and have this approval and documents listed below in their possession on site at all times for the duration of the event:

· This determination document

· Traffic Management Plan Run Haven - 18 May 2023

· Approval/Notification letter to/from NSW Police

· Notification letters/Emails to Emergency Services

· Notification letters/Emails to Transport Companies

· Notification letters/Emails to surrounding Businesses

· Public Liability Certificate of Currency

13. That a review of the implementation of the Traffic Management Plan (TMP) be undertaken by the proponent within three months of the conclusion of the event. The review is to be in consultation with Council and other services so that the TMP can be further refined and any issues identified can be addressed prior to any future events.

UNANIMOUS SUPPORT

07 Beach 2 Brother Running Festival

CONSENSUS:

That it be a recommendation to the Chief Executive Officer, under sub-delegation, for implementation:

That Council approve the temporary road closures and associated transport management arrangements associated with the Beach to Brother Trail Running Festival on Sunday, 22nd October 2023, subject to the following conditions:

1. That the event organiser advertises, at no cost to Council, the following details of all temporary road closures and temporary parking restrictions associated with this event in the local print media on separate days, at least twice (2) within 28 days prior to the event:

· temporary road closure location, times and duration

· temporary parking restriction location, times and duration

· alternative routes and access arrangements.

2. That the event organiser advertises the event by undertaking a letter box drop to all residents and businesses directly affected by the temporary road closures and temporary parking restrictions at least 28 days prior to the event, advising the following:

· event name

· event times

· contact details of at least two (2) people involved in the organisation of the event, in case of an emergency

· proposed actions to be undertaken to mitigate the impact of the temporary road closures and temporary parking restrictions.

3. That the Transport Management Plan (TMP) and associated Traffic Guidance Scheme (TGS) be implemented. Any modifications to the plans must be agreed with Council prior to the running of the event.

4. That the event organiser abides by the written approval from the NSW Police.

5. That the event organiser notifies the NSW Ambulance, NSW Fire & Rescue, NSW Rural Fire Service and the State Emergency Service of the proposed road closures at least 14 days in advance of the event.

6. That the event organiser notifies local Transport Services (Bus Companies, Taxis) of the proposed road closures at least 14 days in advance of the event and assists in developing alternatives for affected users.

7. TfNSW/SafeWork NSW accredited persons (Implement Traffic Control Plans) are to be used for the establishment and removal of the traffic control devices.

8. TfNSW/SafeWork NSW accredited traffic controllers (Traffic Controller) are to be used to control traffic.

9. That the event organiser abides by any other condition that Council or the Police may impose at any time.

10. That the event organiser submits to Council 28 days prior to the commencement of the event evidence of Public Liability Insurance for the amount of $20 million, which is valid for the duration of the event, including placement and removal of traffic control devices.

11. The event organiser must have this approval and the Transport Management Plan and Traffic Guidance Scheme described above on site at all times for the duration of the event.

12. That a review of the implementation of the Transport Management Plan be undertaken by the proponent within three months of the conclusion of the event. The review is to be in consultation with Council and other services so that the TMP can be further refined and any issues identified can be addressed prior to any future events.

UNANIMOUS SUPPORT

08 Rainbow by the Beach, Laurieton

CONSENSUS:

That it be a recommendation to the Chief Executive Officer, under sub-delegation, for implementation:

That Council approve the temporary road closures and associated transport management arrangements associated with the Rainbow on the River Mardi Gras and Festival on Saturday, 28th October 2023, subject to the following conditions:

· temporary road closure location, times and duration

· temporary parking restriction location, times and duration

· alternative routes and access arrangements.

· event name

· event times

· contact details of at least two (2) people involved in the organisation of the event, in case of an emergency

· proposed actions to be undertaken to mitigate the impact of the temporary road closures and temporary parking restrictions.

3. That the Transport Management Plan (TMP) and associated Traffic Guidance Scheme (TGS) be implemented. Any modifications to the plans must be agreed with Council prior to the running of the event.

4. That the event organiser abides by the written approval from the NSW Police.

5. That the event organiser notifies the NSW Ambulance, NSW Fire & Rescue, NSW Rural Fire Service and the State Emergency Service of the proposed road closures at least 28 days in advance of the event.

6. That the event organiser notifies local Transport Services (Bus Companies, Taxis) of the proposed road closures at least 28 days in advance of the event and assists in developing alternatives for affected users.

7. TfNSW/SafeWork NSW accredited persons (Implement Traffic Control Plans) are to be used for the establishment and removal of the traffic control devices.

8. TfNSW/SafeWork NSW accredited traffic controllers (Traffic Controller) are to be used to control traffic.

9. That the event organiser abides by any other condition that Council or the Police may impose at any time.

11. The event organiser must have this approval and the Transport Management Plan and Traffic Guidance Scheme described above on site at all times for the duration of the event.

12. That a review of the implementation of the Transport Management Plan (TMP) be undertaken by the proponent within three months of the conclusion of the event. The review is to be in consultation with Council and other services so that the TMP can be further refined and any issues identified can be addressed prior to any future events

UNANIMOUS SUPPORT

09 Road, Gravel, Mountain Event

CONSENSUS:

That it be a recommendation to the Chief Executive Officer, under sub-delegation, for implementation:

That Council approve the transport management arrangements associated with the Road, Gravel Mountain Event on Saturday - Sunday, 23-24 September 2023, subject to the following conditions:

1. That the Transport Management Plan (TMP) and associated Traffic Guidance Scheme (TGS) be implemented. Any modifications to the plans must be agreed with Council prior to the running of the event.

2. That the event organiser abides by the written approval from the NSW Police.

3. That the event organiser consults with Transport for NSW regarding any potential traffic impacts to the Oxley Highway,

4. That the event organiser notifies the NSW Ambulance, NSW Fire & Rescue, NSW Rural Fire Service and the State Emergency Service of the proposed event at least 28 days in advance of the event.

5. That the event organiser notifies local Transport Services (Bus Companies, Taxis), as well as Forestry Corporation of NSW of the proposed event at least 28 days in advance of the event.

6. That the event organiser abides by any other condition that Council or the Police may impose at any time.

7. That the event organiser submits to Council 28 days prior to the commencement of the event evidence of Public Liability Insurance for the amount of $20 million, which is valid for the duration of the event, including placement and removal of any traffic control devices.

8. The event organiser must have this approval and the Transport Management Plan and Traffic Guidance Scheme described above on site at all times for the duration of the event.

9. That a review of the implementation of the Transport Management Plan be undertaken by the proponent within three months of the conclusion of the event. The review is to be in consultation with Council and other services so that the TMP can be further refined and any issues identified can be addressed prior to any future events.

UNANIMOUS SUPPORT

10 Kingfisher Road Parking Restrictions, Port Macquarie

CONSENSUS:

That it be a recommendation to the Chief Executive Officer, under sub delegation, for implementation:

That Council

1. Install No Parking Signage at various locations on Kingfisher Road and Lyrebird Place, Port Macquarie as detailed in this report

2. Notify adjoining residents and businesses of new signs

3. Undertake specific education with Charles Sturt University and the associated accommodation facilities on parking behaviour.

UNANIMOUS SUPPORT

11 Rios Legacy Charity Run

CONSENSUS:

That it be a recommendation to the Chief Executive Officer, under sub-delegation, for implementation:

That Council approve the transport management arrangements associated with the Rios Legacy Charity Run on Tuesday - Wednesday, 26-27 September 2023, subject to the following conditions:

1. That the Transport Management Plan (TMP) and associated Traffic Guidance Scheme (TGS) be implemented. Any modifications to the plans must be agreed with Council prior to the running of the event.

2. That the event organiser abides by the written approval from the NSW Police.

3. That the event organiser abides by any other condition that Council or the Police may impose at any time.

4. That the event organiser submits to Council 28 days prior to the commencement of the event evidence of Public Liability Insurance for the amount of $20 million, which is valid for the duration of the event, including placement and removal of any traffic control devices.

5. The event organiser must have this approval and the Transport Management Plan and Traffic Guidance Scheme described above on site at all times for the duration of the event.

6. That a review of the implementation of the Transport Management Plan be undertaken by the proponent within three months of the conclusion of the event. The review is to be in consultation with Council and other services so that the TMP can be further refined and any issues identified can be addressed prior to any future events

UNANIMOUS SUPPORT

12 Marian Drive Temporary Road Closure, Port Macquarie

CONSENSUS:

That it be a recommendation to the Chief Executive Officer, under sub-delegation, for implementation:

That Council approve the temporary road closure and associated transport management arrangements associated with the development works DA2017/870 to be undertaken in August, subject to the following conditions:

1. That the applicant advertises, at no cost to Council, the following details of all temporary road closures associated with this works in the local print media on separate days, at least twice (2) within 28 days prior to the event:

temporary road closure location, times and duration
alternative routes and access arrangements.

2. That the applicant advertises the works by undertaking a letter box drop to all residents and businesses directly affected by the temporary road closure at least 28 days prior to the works, advising the following:

· nature of the work

· contact details of at least two (2) people involved in the organisation of the works, in case of an emergency

· proposed actions to be undertaken to mitigate the impact of the temporary road closure.

3. That the Transport Management Plan (TMP) and associated Traffic Guidance Scheme (TGS) be implemented. Any modifications to the plans must be agreed with Council prior to the works.

4. That the applicant notifies the NSW Ambulance, NSW Fire & Rescue, NSW Rural Fire Service and the State Emergency Service of the proposed road closure at least 28 days in advance of the works.

5. That the applicant organiser notifies local Transport Services (Bus Companies, Taxis) of the proposed road closure at least 28 days in advance of the works and assists in developing alternatives for affected users.

6. TfNSW/SafeWork NSW accredited persons (Implement Traffic Control Plans) are to be used for the establishment and removal of the traffic control devices.

7. TfNSW/SafeWork NSW accredited traffic controllers (Traffic Controller) are to be used to control traffic.

8. That the applicant abides by any other condition that Council or the Police may impose at any time.

9. That the applicant submits to Council 28 days prior to the commencement of the works evidence of Public Liability Insurance for the amount of $20 million, which is valid for the duration of the works, including placement and removal of traffic control devices.

10. The applicant must have this approval and the Transport Management Plan and Traffic Guidance Scheme described above on site at all times for the duration of the works.

11. That a review of the implementation of the Transport Management Plan (TMP) be undertaken by the proponent within three months of the conclusion of the works. The review is to be in consultation with Council and other services so that the TMP can be further refined and any issues identified can be addressed prior to any future similar works.

UNANIMOUS SUPPORT

13 GENERAL BUSINESS

No Business Arising.

The meeting closed at 10.57am.

AGENDA

Local Traffic Committee

27/09/2023

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

27/09/2023

Item: 05

Subject: BUSINESS ARISING FROM PREVIOUS MINUTES

Item	09	25/01/2023
Subject	Parking Restrictions - Pacific Drive, Flynns Beach
Action Required	That the Local Traffic Committee: 1. Council to notify adjacent businesses and residents of any proposed changes to parking restrictions. 2. Consider the various signage options to address parking concerns raised by the business owner of 57 Pacific Drive, Port Macquarie, and decide on a path forward.
Update	Awaiting PMHC Engagement team to undertake broader consultation with regards to Option 1 - with the modification (Monday-Sunday 8.30am-6.00pm with 30 minute parking), 2 and 3 to determine community interest with a broader focus on residents and patrons of Flynns Beach Surf Club, adjoining businesses and residents. Upon completion of consultation use the results to further inform decision making.
Update	The applicant has since contacted Council again, this time requesting provision of a Loading Zone adjacent to their business premises. This is inconsistent with their previous request to adjust the timing of the public parking and negates the previous recommendation of LTC which was to investigate/consult on changing the times of the existing public parking. Customer to be contacted to resolve what outcome they are now seeking. Continuing to liaise with applicant who now desires a Loading Zone to operate for one morning a week and Parking to operate at all other times.
Current Status	Community Engagement Team are progressing a one-to-one consultation with all business owners in the Flynns Beach business precinct. Options being reviewed are for the introduction of multipurpose parking with limited period for Loading Zone and open to other parking at other times, or no Loading Zone. Options also include choice of three different locations for the potential Loading Zone. Other general commentary and feedback is being sought by business owners about the current parking arrangements including hours of operation for time-limited parking. Full Community Engagement Report with recommendation will be presented to November meeting.

Item	08.03	23/03/2023
Subject	Safety Review For Traffic and Pedestrian Management at Tuppeny Road at Flynns Beach
Action Required	Council is currently reviewing pedestrian and traffic management adjacent to the Flynns Beach Surf Club on Tuppeny Road. This is not a public road, rather a road-related area. Council is reviewing potential for traffic calming devices and signage to manage pedestrian safety.
Update	Port Macquarie-Hastings Council will look at options in conjunction with this masterplan such as pavement markings and signage for safety for pedestrians - Confirmed that there are no specific improvements identified in the Flynns Beach Masterplan. Implementation of reduced speed zone, high pedestrian activity zone still to be addressed.
Current Status	Speed Zone Review requested of TfNSW

Item	08.04	23/03/2023
Subject	Traffic and Pedestrian Impacts Alban Place
Action Required	Council is currently reviewing pedestrian and traffic management along Alban Place adjacent to the new amphitheatre. This is not a public road, rather a road-related area. Council is reviewing potential for parking restrictions to manage pedestrian safety.
Update	Community engagement required before further consideration Option: To implement a No Stopping Zone on the eastern side on Alban place where parking impacts pedestrian safety. Along with community engagement, letters to important stakeholders will be sent and updates reviewed to deliver at the next committee meeting. Awaiting support/advice from Community Engagement.
Current Status	Met with TfNSW to assess the southern breakwall construction impacts including that along Alban Pl and any potential to undertake improvements to this area to address these concerns. Improvements to Alban Pl are not part of TfNSW scope and therefore Parking restrictions are now being proposed this month.

Item	08.09	25/05/2023
Subject	Pedestrian Refuge - Clifton Drive
Action Required	Public concern for pedestrian refuge on Clifton Drive being too close to Hastings River Drive roundabout. Mayor will pass on email to be brought up at next LTC meeting. Still to be fully investigated
Current Status	Customer has been contacted and concern resolved regards use of pedestrian refuges. No further action required.

Item	08.10	25/05/2023
Subject	Bus Shelter Petition - Kendall [CAS1] [RA2]
Action Required	Petition from residents regarding additional bus stops and bus shelters in Kendall area. Advice from Busways required regarding services, patronage, routes, priority locations, etc.
Current Status	Provided preliminary response. Awaiting review and advice from Busways. Proposed to include Bus Shelter for Kendall Railway Station in the next Country Passenger Terminal Infrastructure Grants - CPTIGS

Item	08.11	25/05/2023
Subject	Garden Village Petition
Action Required	Seeking a Pedestrian Refuge Island on Findlay Avenue Port Macquarie. Still to be fully investigated via a precinct traffic study and not treated in isolation.
Current Status	Responded to petition coordinator with status. Further information is being sought from Busways regarding this major transfer precinct. Council are also undertaking a Walking and Cycling Review this year, including the Pedestrian Access Management Plan which will also cover walkability, pedestrian access etc.

General Business

Item

Subject

Ironman 2024 Proposed Course Changes

Action Required

Ironman are presently considering minor course changes which will be reported to LTC formally once determined. Currently looking to remove Redbank Road from the course used in 2023 and making minor changes to the turnaround location in Lake Cathie. Removing the southern breakwall from the run course and using alternate streets in the Port Macquarie CBD.

Item

Subject

King Creek Road Temporary Closure - Bridge Replacement

8 January 2023 - End May 2023

Action Required

Full closure between Old King Creek Road and Level Crossing

Detour Via Wauchope/Cameron St to Bago Road.

VMS Boards on both approaches will be installed in December to message the upcoming closure.

AGENDA

Local Traffic Committee

27/09/2023

Item: 08

Subject: Beechwood Billycart Classic

Presented by: Community Infrastructure, Robert Fish

RECOMMENDATION

That it be a recommendation to the Director Community Infrastructure, under sub-delegation, for implementation:

That Council approve the temporary road closures and support the associated transport management arrangements associated with the 2023 Beechwood Billycart Classic on Sunday, 29 October 2023, subject to the following conditions:

· temporary road closure times

· duration of the temporary road closures and temporary parking restrictions

· times and duration

· alternative routes and access arrangements.

2. That the event organiser advertises the event by undertaking a letter box drop to all residents and businesses directly affected by the temporary road closures and temporary parking restrictions at least 14 days prior to the event, advising the following:

· event name

· event times

· contact details of at least two (2) people involved in the organisation of the Event, in case of an emergency

· proposed actions to be undertaken to mitigate the impact of the temporary road closures and temporary parking restrictions.

3. That the Traffic Management Plan and associated Traffic Guidance Scheme dated 25 August 2023 be implemented. Any modifications to the plans must be agreed with Council prior to the running of the event.

4. That the event organiser abides by the written approval and conditions from the NSW Police.

7. TfNSW/SafeWork NSW accredited persons are to be used for the establishment of traffic control devices, control of traffic and removal of the traffic control devices.

8. That all signage erected for the event to not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event.

9. That the event organiser abides by any other condition that Council or the Police may impose at any time.

10. That the event organiser submits to Council 14 days prior to the commencement of the event evidence of Public Liability Insurance for the amount of $20 million, which is valid for the duration of the event, including placement and removal of traffic control devices.

11. The event organiser must have this approval and the Traffic Management Plan and Traffic Guidance Scheme described above on site at all times for the duration of the event.

Discussion

The Beechwood Billycart Classic is a family friendly community event which has been hosted in the area since 1980 and includes billycart races, veterans and kids’ races, stalls, horse rides and BBQ.

The event was planned to be undertaken during 2021, however was withdrawn due to the impacts of Covid restrictions at the time, however, was successfully completed in November 2022.

To support the proposed running of the 2023 event, a Traffic Management Plan has been prepared by registered entity - Men and Women at Work. It is proposed that all Traffic Controllers and Marshals will participate in a Risk Assessment prior to the implementation of the Traffic Control Guidance Plan and commencement of duties.

All Traffic Controllers depicted within the plan will be required to hold a current Transport for NSW Traffic Controller ticket and all Traffic Control Guidance Plans will be implemented by a Traffic Controller that holds a current Transport for NSW Implement Traffic Management Plan or current Yellow Card.

The event is scheduled for Sunday, 29 October 2023, with specific timings as follow:

Temporary road closure: 11.00am-12.30pm (1.5 hours).

11.00am Beechwood/Pappinbarra Road will be closed at the Pappinbarra Hall and at 453 Pappinbarra Road and at all intersections in between.

11.00am-12.30pm Beechwood Billycart Classic event will be undertaken.

Once traffic is cleared form the course, the Beechwood Billycart Classic will be conducted. Following completion of the main race, the road will then be re-opened temporarily to allow any traffic built up at either end to recommence the usual traffic flow/movement.

Once all the queued traffic from the main event has cleared, the road will be temporarily closed again at 453 Pappinbarra Road, and all the intersections in between. The Junior Race will then be conducted.

Once the event is completed, the road will be re-opened completely.

Summary

The event is materially like previous years regarding the approvals.

Additional details can be found in the attached documents:

· Traffic Management Plan

· Traffic Guidance Scheme Plans

It is noted there may be minor and immaterial changes to the above, as agreed with Council, up until the event.

Attachments

1 ⇩. Beechwood Billycart Classic 2023 TMP

2 ⇩. Beechwood Billycart Classic 2023 TCP