Not on our Bourke Road

In a class action suit against Sydney City Council, representatives of The Nichols Street Community Group will allege Council failed to conduct an environmental study before constructing the Bourke Street cycleway.

A Freedom of Information inquiry led Mahony Dominic Lawyers to conclude that Council failed to meet Environmental Planning and Assessment Act requirements.

Lawyer John Mahony says the most revealing thing about the information uncovered was the lack of it.

“They have had a two week consultation period with the public, at a time when a large number of the public were still on holidays – it was at the end of January, early February 2009,” he said.

When asked what consultations were made prior to the construction a Council spokesperson said they received 87 submissions from the community, and acted on suggestions where possible.

Mr Mahony says an environmental impact study is essential when you intend to put 200 kilometres of roadworks though the city.

“The environment includes … everything to do with human activity, which particularly in this case is: business, parking, traffic, and the esthetics of what’s otherwise a beautiful city,” he said.

“For example, in Bourke Road, the cycleway has accentuated the flooding that occurs there from to time, at great expense to businesses that have been flooded out as a result, not to mention the fact that businesses along Bourke Road [and] Bourke Street are saying that they’re 50 to 80 per cent down on their revenue because people can’t get to their business.”

Darlinghurst Business Partnership Executive Committee Member Stephan Gyory says this Council focuses on residents and ignores businesses.

“They’ve just now had a meeting with the local chambers talking about how they can work with the local traders to ameliorate the effects of this thing,” he said, “and it’s only happened because they’re having immense pressure put on them by Allan Jones.”

“In the areas where they’re having problems they just want to organise competitions and a bit of marketing and what-have-you. All of these things would have been much better done before.”

Mr Mahony wants the cycleway moved alongside the nearby Alexandria Canal.

“We’ve sent off a brief to the barrister and we’re just waiting for the barrister to come back to us to confirm that we’re on the right track, then we’ll be filing an application with the Land and Environment Court.”

By Lawrence Bull