Temporary delegation to councils for minor works

In 2023, Transport for NSW (TfNSW) issued a temporary delegation of its powers under the Roads Act 1993, and an authorisation under the Road Transport Act 2013, to give councils an alternative approval pathway for certain types of pedestrian works.

This delegation is an alternative to, and in addition to, the method available under the main delegation. Either process may be used.

Subject to the conditions set out in the new delegation, councils will be able to design and implement the following:

  • works to enable alfresco dining on a road (where there is no change to the number of continuous travel lanes)
  • continuous footpaths
  • converting existing pedestrian (zebra) crossings to raised pedestrian ('wombat') crossings
  • mid-block treatments to manage vehicle speed including road humps, road cushions, chicanes and slow points
  • pedestrian crossings
  • pedestrian refuges
  • 'No Stopping' controls at intersections
  • kerb buildouts to reduce intersection crossing distance or manage vehicle speed (where there is no change to the number of continuous travel lanes)
  • kerb modifications for footpath improvements or tree planting (where there is no change to the number of continuous travel lanes)
  • associated changes to kerbside parking necessary to implement the proposal and to offset any parking impacts.

Novel designs and works are excluded under the delegation. Any novel works, where there are no TfNSW standards, technical directions or Austroads guidance available, will be subject to the main delegation.

When exercising the temporary delegation, council must provide TfNSW and NSW Police with a description of the pedestrian work, a copy of the as-built design plans and a copy of the road safety audit if establishing a new pedestrian crossing.

Councils may also continue to rely on the main delegation for these types of works.

Read more about delegations and traffic committees.

Downloads

Frequently asked questions

The delegation instrument

  • What is the effect of the delegation?
    The delegation establishes an option for specified works to be undertaken without referral to the traffic committee, provided other conditions are met.

  • The delegation also contains an Authorisation under the Road Transport Act 2013 to allow Councils to install, remove or alter legally enforceable signage and road markings (‘prescribed traffic control devices’). Does the Authorisation apply independently of the delegation?
    No, the Authorisation may only be used to carry out the works listed in the Temporary Delegation.  Unrelated use of prescribed traffic control devices must be referred to the Local Traffic Committee.

  • How long is the delegation in force?
    The delegation will operate until 30 June 2026 unless amended or revoked sooner.

  • Do works have to be removed after 30 June 2026?
    No. The temporary delegation is an approval process for permanent works.

  • Can Councils continue to refer minor works to the Local Traffic Committee?
    Yes.  Use of the temporary delegation is entirely optional. Councils are welcome to refer works covered by the Temporary Delegation to their Local Traffic Committee.

  • Will TfNSW provide advice on works covered by the temporary delegation?
    Yes. TfNSW representatives remain available to meet with Councils to provide advice or guidance on any proposal, and will continue to attend Local Traffic Committees.

Works covered
  • What works are covered by the temporary delegation?
    The temporary delegation applies to:

    •    works to enable alfresco dining on a road (where there is no change to the number of continuous travel lanes)
    •    continuous footpaths
    •    converting existing pedestrian (zebra) crossings to raised pedestrian ('wombat') crossings
    •    mid-block treatments to manage vehicle speed including road humps, road cushions, chicanes and slow points
    •    pedestrian crossings
    •    pedestrian refuges
    •    'No Stopping' controls at intersections
    •    kerb buildouts to reduce intersection crossing distance or manage vehicle speed (where there is no change to the number of continuous travel lanes)
    •    kerb modifications for footpath improvements or tree planting (where there is no change to the number of continuous travel lanes)
    •    associated changes to kerbside parking necessary to implement the proposal and to offset any parking impacts.

  • Are roundabouts, signals, road closures or events covered by the temporary delegation?
    No. These proposals must be referred to Local Traffic Committee and may also require additional approvals.
  • Are parking changes included in the delegation?
    Changes to parking are only authorised where necessary to implement the proposal, or offset impacts.  Unrelated changes to parking must still be referred to the Local Traffic Committee.
  • What conditions apply?
    The works must be on an unclassified road with a speed limit of 50km/h or below, and must be designed using Austroads, TfNSW Supplements and Technical Directions, and Australian Standards.  The delegation does not apply on regular bus routes or the intersections through which they operate, within 100m of traffic signals, or within 50m of light rail.
Where it applies
  • Does the temporary delegation apply to regional roads?
    The temporary delegation may be used on unclassified regional roads where the speed limit is 50km/h or below, and other conditions of the delegation are met.
  • How should 100m from traffic signals be calculated?
    Works should be referred to traffic committee if they are within 100m of a traffic signal along the road network.
  • What exclusions apply to light rail routes?
    Works should be referred to traffic committee if they are within 50m of a light rail route along the road network.  This does not apply to sections of light rail operating in a dedicated off-street corridor or on grade-separated former rail corridors, such as the Inner West Light Rail and the former Carlingford Line section of Parramatta Light Rail.
  • What bus routes are excluded?
    Works on regular timetabled bus routes are excluded from the Temporary Delegation, and should be referred to the Local Traffic Committee.  For works on locations that may see only occasional use by buses, such as rail replacement buses, the temporary delegation may be used.
Carrying out works
  • Is community or stakeholder consultation required when using the temporary delegation?
    Consultation on Council’s proposals should be undertaken consistent with Council’s usual processes for engaging the community and stakeholders.  Legislative notification requirements may also apply.
  • What if there are inconsistencies in standards, supplements and guidance?
    Inconsistency in standards and guidelines is common in complex environments. Where standards may be inconsistent or cannot be met, Councils should take a risk-based approach. They should document their considerations and design process, and are welcome to seek advice from their Transport for NSW representative.

  • When should road safety audits be conducted?
    Road safety audits should be applied to both the design and post-completion phase of new pedestrian crossings.

  • Who can conduct a road safety audit?
    A database of registered road safety auditors is available at https://www.roadsafetyregister.com.au/.  Accredited TfNSW staff may be able to assist councils with audits, particularly in regional areas, and can be contacted via the register or your TfNSW representative on the Local Traffic Committee. 

  • Are road safety audits required for conversion of existing crossings or children’s crossings to raised (wombat) crossings?
    No.

  • Who must Councils advise of works undertaken?
    Councils must notify by email the Police representative on their local traffic committee, and TfNSW at delegated_works@transport.nsw.gov.au.  It is recommended that Councils also notify their TfNSW representative and other members of the local traffic committee.