Businesses file lawsuit over road works linked to the new Northern Beaches Hospital
MORE than 30 businesses, including a childcare centre, who are drastically affected by road work linked to the new Northern Beaches Hospital are joining a class-action lawsuit against the NSW Government.
Manly
Don't miss out on the headlines from Manly. Followed categories will be added to My News.
- Northern Beaches Hospital roadworks at least a year behind schedule
- How 140,000 motorists will be affected by the hospital roadworks
MORE than 30 businesses drastically affected by road work linked to the new Northern Beaches Hospital are joining a class-action lawsuit against the NSW Government.
Businesses at Frenchs Forest including a childcare centre, a news agency and a physiotherapist, will claim they have lost up to 70 per cent of their revenue because customers cannot park near their premises.
Temporary roads closures and permanent lane changes have also kept customers away.
The businesses say they should be compensated for the disruption caused during the past two years by the $500 million Northern Beaches Hospital Road Connectivity and Network Enhancement Program.
Work on the project is expected to continue for another 18 months.
With the help of independent City of Sydney councillor Angela Vithoulkas, who is running for Parliament at the next State election as leader of The Small Business Party, local business people will argue that authorities are “negligent in the management and construction” of the project designed to improve traffic flow around the hospital.
They will also file a claim in the Supreme Court, in about two weeks, that the Government and its agencies Roads and Maritime Services and Health NSW, “failed to take reasonable steps to minimise disruptions”.
Road building contractor Ferrovial York Joint Venture could also be named as a defendant in the action.
Cr Vithoulkas, who owns a cafe on George St in the CBD, has experience taking on the government while co-ordinating a class action over businesses affected by the city light rail project.
Last year the government agreed to compensate some businesses that suffered financial loss due to the construction of the tram line from Circular Quay to Randwick and Kingsford.
While visiting the Skyline Shops on Thursday with lawyer Rick Mitry, who will run the lawsuit, Cr Vithoulkas said the project was another example of a mismanaged state infrastructure project.
“It has destroyed businesses economically, millions of dollars and jobs have been lost and local families are severely impacted.
‘And again, government has chosen to do nothing about it.”
Cr Vithoulkas said small businesses need representation in Parliament before “these dodgy contracts are signed”.
“These businesses have been trying for months to get some action from RMS and (Roads) Minister Melinda Pavey to compensate them for their losses as well as their pain and suffering.
“Their only avenue is a class action to claim economic compensation for the economic disaster that has happened to them.”
The law suit will be run on a “no win, no fee” basis.
Mark Brackell, who owns Advance Physiotherapy at the Skyline Shops, said transport authorities had remained silent while he and other business people complained about the impact on customer numbers.
“As well as compensation we are hoping we can have some of the parking reinstalled and stop road closures so people can actually get here,” Mr Brackell said.
“Clients are telling us ‘it’s too hard to get here, there’s no parking, I’m not coming anymore’.”
Newsagent Jim Fleming said the number of people coming in to buy papers and buy Lotto and lottery tickets had dropped off.
“They simply don't have anywhere to park,” Mr Fleming said.
Mrs Pavey said she had yet to see any details of the businesses’ claims.
“Of course we apologise for the disruption, and we ask for their patience as we are building a hospital for the generations ahead to service the people of northern Sydney.
“We are willing to listen to their concerns but it’s sad that they have gone to lawyers and the media before coming to RMS to express their concerns.
“Anyone who has driven past this project in the last few weeks will have seen massive progress in this world class precinct. Not only are we building a state of the art hospital, we are providing the transport links to get people there easier faster and safer.”