Bondi Junction cycleway project now the subject of business’ court action
The owners of a Bondi Junction strip of shops is launching a bid to stop a council project, which has already begun, over fears it will “bring them to their knees” and see them “go broke”. EXCLUSIVE.
Wentworth Courier
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Spring St Bondi Junction is the east’s portal to the past — it was, until recently, one of the very few pockets of the east’s primary commercial centre that had not submitted to a drastic makeover in the past 15 years.
Here, among the rush of bodies flocking to Westfield, Eastgate or the station; commuters, office workers, shoppers and retail staff have lingered for a bite to eat, an exercise class or to hunt for a bargain.
There are alternations and watch repair shops that have resided in arcades since long before Westfield rose from the ashes of the Plaza and the Carousel.
This thoroughfare has also been the epicentre of a long-running battle between shop-owners and tenants and the council over a proposed cycleway shop owners claim will cripple their trade.
Waverley Council. meanwhile, has heralded the cycleway as the “missing link between the eastern suburbs and the Sydney CBD”.
On August 14, construction on that cycleway began.
Standing on the street on a typically windy Monday at lunchtime, Royal Arcade owner Nita Lavine shows the Wentworth Courier where foot traffic and parking will be lost.
Ms Lavine, who has owned the Royal Arcade for the past 48 years, has mounted a legal bid against the project, claiming the fate of dozens of businesses in Bondi Junction and the safety of pedestrians and cyclists is at stake.
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“They are going to bring us down to our knees and no one will be able to trade,” she said. “We are beside ourselves about what is going on, it is going to destroy us.
“We have tenants whose livelihoods depend on this.
“If they end up in trouble they can’t pay their rent.”
Her petition to the Land and Environment Court seeking judicial review of the council’s decision to green light the project, represents an escalation from the petitions and formal letters submitted to Waverly Council over the past six years.
Council first flagged the plan for a cycleway on Spring St in 2013 with construction scheduled to begin in 2015.
Then, two months before workers were due to start councillors voted to investigate alternate routes.
Debates between businesses and council, redrafts of plans and meetings with residents ensued.
Earlier this year retailers wrote to council opposing the proposal.
Many, including Nook Cafe owner Jon Antico, fear they will “go broke” before the cycleway is built, due to extended construction blocking off their frontages and impacting foot traffic.
With work now under way, Quest Bondi Junction, an 82-room hotel on Spring St, is reporting a 70 per cent decrease in walk-ins since builders commenced work outside their business.
“We’d love to say we will be here forever … but we can’t say that now,’ Quest franchisee manager Natasha Verma said.
“We can’t see past January, we’re now going to be heavily reliant on trade in October, November, December (to survive).”
In legal documents seen by the Wentworth Courier, Pittking Properties Pty Ltd, owned by Ms Lavigne, claims Waverley Council breached several aspects of the Environmental Planning and Assessment Act by approving the plan.
Among several legal arguments Ms Lavigne’s company is relying on is that the cycleway presents traffic and safety concerns. She is seeking an order that Council’s decision to approve the project is “invalid”.
A Waverley Council spokeswoman said officers this week had relocated a community pick-up area and installed a 15-minute parking drop-off area near Denison St, to help deal with the roadworks.
It had also organised disabled drop-offs at the Mill Hill Centre and a coach drop-off area close to Denison St.
“In terms of impacts on other businesses, maintenance and upgrade of roads is part of the provision of road services,” the spokeswoman said.
“The project provides a street upgrade as well as the cycleway. Council cannot provide safe and functional roads without undertaking maintenance and general works.
“In terms of parking availability, there is significant carparking in the area … Council is working with affected businesses to look at other steps that can be taken to help them through this period.”
The Council noted that no injunction had been sought against the building.
In an initial hearing on 23 August 2019, the court granted an application for the case to be expedited. It is set down for hearing on October 16 and 17.