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Processes for the Application and Implementation of Work Zones

Decision Maker: Council

Decision status: Recommendations Determined

Decisions:

By Councillor Scott

It is resolved that:

(A)        Council note:

(i)          public spaces should be primarily for the use of the public good, with the needs of the community weighted seriously alongside the requirements of construction and other commercial projects;

(ii)         there has been significant controversy and community opposition to the approval of some work zones in the City in recent years, including on Bulwarra Road in Ultimo, Baptist Street in Redfern and work zones surrounding the stadium development in Paddington;

(iii)        where a traffic matter, such as a work zone, is delegated by Roads and Maritime Services (RMS) to be dealt with by the City, the City of Sydney Local Pedestrian, Cycling and Traffic Calming Committee (LPCTCC) advises the City as to the action that should be taken;

(iv)       the voting members of the LPCTCC are RMS, local NSW Police, the local State Member of Parliament or their nominee, and the Chairperson of the Committee from the City of Sydney;

(v)         advice provided by the LPCTCC is enacted by the Chief Executive Officer under delegation from Council;

(vi)       there is currently no mechanism by which Council can review advice provided by LPCTCC or provide direction to the Chief Executive Officer as to these traffic matters;

(vii)      in April 2018, the motion Delegations to Staff on Traffic Matters (S129266) was passed by Council, which called on the Chief Executive Officer to conduct a review and provide a report on potential changes needed to the City's policies with regards to:

(a)        the wording and applicability of Works Zone-related consent conditions placed on future development approvals; and

(b)        the City's Work Zone application processes and conditions; and

(viii)     communities continue to raise concerns regarding the allocation of work zones; and

(B)        the Chief Executive Officer be requested to:

(i)          provide a report to Councillors as detailed in the motion Delegations to Staff on Traffic Matters (S129266) of April 2018, as soon as practically possible; and

(ii)         investigate options as part of this report, which include:

(a)     options for a decision of the LPCTCC to be reviewed by Council prior to implementation;

(b)     options to better balance the public interest, including pedestrian safety, with private and commercial needs; and

(c)         options to extend the community notification periods to include consultation before the implementation of a decision, longer notice periods before the start of works, and a review of resident and other concerns following the end of the works zone. 

Note – at the meeting of Council, the content of the original Notice of Motion was varied by Councillor Scott. Subsequently, it was:

Moved by Councillor Scott, seconded by Councillor Scully –

It is resolved that:

(A)        Council note:

(i)          under NSW Government Legislation, the Roads and Maritime Services (RMS) is the body responsible for the control of traffic on all roads in New South Wales;

(ii)         the RMS has delegated to local councils limited aspects of traffic control on regional and local roads within their own local government area, but not for state roads;

(iii)        the authority to control traffic lies with the RMS and the delegation does not remove the RMS’ ability to directly exercise those delegated functions;

(iv)       the Local Pedestrian Cycling and Traffic Calming Committee (LPCTCC) is established by state legislation as an advisory and technical review committee that has no decision-making powers;

(v)         the state guidelines require Council to seek the advice of its LPCTCC if it proposes to regulate traffic;

(vi)       in April 2018, the motion Delegations to Staff on Traffic Matters (S129266) was passed by Council, which called on the Chief Executive Officer to conduct a review and provide a report on potential changes needed to the City’s policies with regards to:

(a)     the wording and applicability of Works Zone-related consent conditions placed on future development approvals; and

(b)     the City’s Work Zone application processes and conditions; and

(vii)      City of Sydney staff are undertaking the review referred to in (vi);

(B)        the Chief Executive Officer be requested to:

(i)          provide a report to Councillors as detailed in the motion Delegations to Staff on Traffic Matters (S129266) of April 2018, as soon as practically possible; and

(ii)         investigate options as part of this report, which include:

(a)       options for a decision of the LPCTCC to be reviewed by Council prior to implementation;

(b)       options to better balance the public interest, including pedestrian   safety, with private and commercial needs;

(c)        options to extend the community notification periods to include                          consultation before the implementation of a decision, loner notice periods before the start of works, and a review of resident and other concerns following the end of the works zone; and

(C)       the Lord Mayor be requested to lobby the NSW state government to take into account pedestrian and cycling activity and safety, in addition to traffic data, when assessing applications for work zones via the LPCTCC, via the RMS.

Variation. At the request of Councillor Thalis, and by consent, the motion was varied such that it read as follows:

It is resolved that:

(A)        Council note:

(i)          under NSW Government Legislation, the Roads and Maritime Services (RMS) is the body responsible for the control of traffic on all roads in New South Wales;

(ii)         the RMS has delegated to local councils limited aspects of traffic control on regional and local roads within their own local government area, but not for state roads;

(iii)        the authority to control traffic lies with the RMS and the delegation does not remove the RMS’ ability to directly exercise those delegated functions;

(iv)       the Local Pedestrian Cycling and Traffic Calming Committee (LPCTCC) is established by state legislation as an advisory and technical review committee that has no decision-making powers;

(v)         the state guidelines require Council to seek the advice of its LPCTCC if it proposes to regulate traffic;

(vi)       in April 2018, the motion Delegations to Staff on Traffic Matters (S129266) was passed by Council, which called on the CEO to conduct a review and provide a report on potential changes needed to the City’s policies with regards to:

(a)     the wording and applicability of Works Zone-related consent conditions placed on future development approvals; and

(b)     the City’s Work Zone application processes and conditions;

(vii)      City of Sydney staff are undertaking the review referred to in (vi); and

(viii)     City of Sydney staff have increased the notification period before a Works Zone is installed from 7 to 14 days;

(B)        the Chief Executive Officer be requested to:

(i)          provide a report to Councillors as detailed in the motion Delegations to Staff on Traffic Matters (S129266) of April 2018, as soon as practically possible; and

(ii)         investigate options as part of this report, which include:

(a)       options to better balance the public interest, including pedestrian   safety, with private and commercial needs; and

(b)       a review of resident and other concerns following the end of the works zone; and

(C)       the Lord Mayor be requested to lobby the NSW state government to take into account pedestrian and cycling activity and safety, in addition to traffic data, when assessing applications for work zones via the LPCTCC, via the RMS.

The motion, as varied by consent, was carried unanimously.

S129266

Report author: Rebekah Celestin

Publication date: 11/02/2019

Date of decision: 11/02/2019

Decided at meeting: 11/02/2019 - Council

Accompanying Documents: