Randwick Council voted last night to to inform neigbouring Councils that it is exploring legal issues around a traffic management condition in the ‘WestConnex New M5’ consent and asks then for an in-principle indication of support for a joint legal action.
Part of the successful motion moved by Greens Councillor Murray Matson focuses on condition B43 of the motorway’s consent which rules that the project should’nt on balance be “adversely impacting” on the performance of the road network.
Ron Hoenig MP for Heffron has questioned how this condition can be met and the Randwick Botany Greens are expecting a detrimental impact on their local suburbs of Kensington and Kingsford when the St Peters Interchange component of the motorway is built.
Part of the Council resolution that it:
“Requests further augmented advice as to whether the Minister’s freedom under section 115ZK (of the EPA Act 1979) to give approval to condition B43 (of the WestConnex New M5 consent) can be sufficiently written down (i.e. narrowed in interpretation) to allow Council to call for a Judicial Review of the Minister’s administrative decisions concerning the condition.”
Councillor Matson outlined what the Council’s tactics would be should the obtained advice support a challenge. He said,
“Randwick Council will call for a Judicial Review to determine if the Minister has failed to consider mandatory relevant considerations including ecologically sustainable development and anthropogenic climate change.
The Randwick-Botany Greens want the Council to try to prevent “rat running in the local suburbs” with Councillor Matson elaborating,
“The Greens will also be urging the Council to challenge whether the setting of the WestConnex EIS conditions under the Minister took due note of the obvious impact on Kensington and Kingsford streets from the extra cars the motorway must disgorge.”