Banyule, Boroondara, Whitehorse, Manningham councils launch legal action over North East Link
A group of councils has taken their fight against the North East Link to the Supreme Court, seeking to halt works on the project until a new environmental impact assessment is completed.
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Four suburban councils are trying to halt construction on the biggest road project in Victorian history until the state government reassesses the project’s environmental impact.
In the latest hitch in the government’s infrastructure agenda, the councils have officially launched Supreme Court action to try and tear up the approvals used to green-light the $15.8 billion project.
Planning Minister Richard Wynne has been named in the legal action, brought by Banyule, Boroondara, Manningham and Whitehorse councils which claim the environment assessment of the project was incorrectly approved.
The government is currently trying to lock in a construction consortium to build the road, described as the “missing link” between the M80 Ring Road and the Eastern Freeway.
Major works are due to start next year and finish by 2027.
But the councils have sought an injunction until a new environmental effects process is completed on the road’s final design.
Court documents obtained by the Herald Sun show the council case hinges on their argument that authorities made their decision based on a “reference design” that did not cover the full scope and impact of the project.
“If the Minister has not lawfully assessed the environmental effects of the works, then the state may not lawfully commence or proceed with works,” the documents say.
Transport Infrastructure Minister Jacinta Allan hit back at the legal action.
“Councils choosing to spend potentially millions of dollars of ratepayer’s money to try and block the North East Link is a matter for them — but I doubt their ratepayers will thank them,” she said.
“These three councils want to use ratepayers money to keep their suburbs gridlocked, keep thousands of trucks thundering along residential streets — and they want to deny more than 30 local sporting clubs the massive upgrades this project will bring.”
The councils fought against the project in weeks of independent hearings into the North East Link’s environmental and community impacts, but it was signed off by Mr Wynne in December.
North East Link Project chief executive Duncan Elliott said the road had been through “the most transparent and fair planning process in the state”.
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“Taking a reference design project through the (environment effects statement) allows us to challenge the expert bidders to come up with the best design,” he said.
“North East Link is a vitally important project for Victoria.”
Opposition planning spokesman Tim Smith said the councils had “a good case to make”.
“The Andrews Government-appointed expert panel only assessed the environmental effects of an artist’s impression of the final project and not the actual plans which may be very different,” Mr Smith said.
“Labor’s Planning Minister Dick Wynne signed off on a document that is literally worthless.”