The State Government’s flawed WestConnex road project cannot meet the State Government’s own conditions of approval, and local Councils should commence legal action to prevent construction from proceeding.
What the State Government has done calls into question whether this project, mired in controversy since its inception, can continue in the face of a potentially devastating legal challenge.
I want all the local Councils in my electorate, that oppose this multi-billion dollar project to launch a legal challenge based on the State Government’s own imposed conditions of approval.
We can have all the high profile public protests, civil disobedience and street marches we want, but the way to actually stop this project is in the Land & Environment Court.”
The conditions laid out in the project approval by the Minister for Planning, Rob Stokes, on 20 April 2016 contained one condition, B.43, which, in effect, casts doubt on the future of the project.
I don’t know why the Minister imposed this condition but he did, and by putting his signature on the approval, he brings the entire project into question.
Condition B.43 requires that the project, on balance, be designed to improve traffic by:
"not adversely impacting on:a) the performance of the road network for all road users, including but not limited to vehicles, freight, public transport and active transport and
b) existing access arrangements and services for all road users, including consideration of speed and reliability of public transport services.”
Given the scope and impact on local streets and roads by WestConnex, this condition will not, and cannot, be met. As the condition states that WestConnex should not adversely impact on the existing road network and on all road users, then the Government is suggesting, by its own conditions of approval, that there will be no impact.
