'Like approving a planning application without plans': Councils launch North East Link legal challenge
Three suburban councils will launch Supreme Court action against the Planning Minister's green light for the North East Link toll road.
As flagged by The Age on Monday, Banyule, Boroondara and Whitehorse councils confirmed on Tuesday afternoon they would challenge the road, which at $15.8 billion will be most expensive transport project in Victorian history.
Councils opposed elements of the North East Link because it will cause impacts on 53 hectares of open space, the loss of nearly 800 jobs and a "protracted construction period" that will be so invasive that many homes will be acquired.Credit:North East Link Authority
The councils argue the draft design Victorian Planning Minister Richard Wynne signed off on was not sufficiently developed to have been lawfully approved.
“The process undertaken here [was] akin to [a] council approving a planning application without having received plans that demonstrate what might be built,” Boroondara mayor Cynthia Watson said.
The three north-east councils voted on Monday night to proceed with the legal action challenging Mr Wynne’s decision last year to approve a “reference” design – an early draft of what the road might look like – without understanding the toll road’s final plan.
“The full extent of environmental and community impacts remain unknown as no actual design was available for assessment,” the three councils said in a statement.
A fourth council, Manningham, will meet on Tuesday night to decide if it will join the action.
One councillor who asked not to be named said Manningham was likely to vote in favour.
The councils argue that, by the time a design is finalised for the road, there will not be the proper opportunity for locals affected to provide any input on the potential impacts.
Mr Wynne’s decision to approve the road came after he appointed an independent panel to assess it.
The report that committee gave back to Mr Wynne after nine weeks of hearings last year warned him they were effectively making a recommendation on draft plans. The final design for the toll road will be put forward by construction companies tendering to build the road.
The committee told Mr Wynne it was only able to make its recommendation based on the reference design.
“Tangible effects of using the reference design approach were obvious during the hearing,” they wrote in their report to the minister.
“The uncertainty in the community among businesses, schools, groups and landowners, in the absence of a tangible project design and thus the knowledge of the actually proposed, as opposed to possible, impacts is difficult to overstate.”
The councils will likely use this report in their argument that the minister erred in making his decision to approve the road.
Their statement on Tuesday said: "Other than in the most general terms, nobody really knows what is proposed to be built. Too much about the project has been left to be determined at a later time, which excludes the community from the process. This is not the way this process should work."
Banyule mayor Alison Champion said Mr Wynne had ignored the expert panel he had appointed, which warned of major environmental impacts and the loss of amenity as a result of the toll road.
"We stand united with residents, local community groups and traders and will continue to explore all avenues to get the best design, maximum environmental protection and minimised impacts for our community," Cr Champion said.
At a press conference on Tuesday morning acting premier James Merlino said he was not concerned about the legal action.
“Councils will make their decisions and they will join a long line of politicians [and] organisations that have made excuse after excuse not to build the North East Link."
The legal challenge could delay the project for many months.
Early works on the road are under way, while major construction is due to start next year. The road is set to open to traffic in 2027.