Boroondara, Whitehorse, Banyule to challenge North East Link in Supreme Court

Boroondara, Whitehorse and Banyule councils are launching a Supreme Court challenge to the Andrews Government’s signature road project, heaping more pressure on its complicated infrastructure agenda.

Three suburban councils are launching a Supreme Court challenge to the Andrews Government’s signature road project.

Boroondara, Whitehorse and Banyule councils confirmed this afternoon they would pursue legal action that could delay the $15.8 billion North East Link.

The project — to join the M80 Ring Road and the Eastern Freeway — was given the green light by the government in December after a lengthy independent environmental review process.

An artist’s impression of the North East Link. Picture: State Government

Months of community feedback and public hearings resulted in a range of improvements to limit impacts on the local community, although the government rejected two key recommendations to extend the tunnel and declare Simpsons Barracks a “no go zone”.

The government is in the final stages of choosing a construction consortium to build what will be the biggest road project in the state’s history.

But the councils — which have already spent more than $1.3 million of ratepayers’ money on legal fees challenging the road — argue the full extent of environmental and community impacts are unknown until the completed design is locked in with the successful bidder.

Whitehorse Mayor Sharon Ellis said: “It is not possible with the reference design to understand what the impacts will be. We’re concerned that future possible designs could have other adverse impacts and there’s no opportunity for community input on assessing those.”

A state government spokeswoman said: “What councils do is a matter for them — we’re getting on with delivering the North East Link.”

“The process regarding this road has been open and transparent from the start — we took this project to the election and it was overwhelmingly endorsed by the Victorian people,” she said.

An artist’s impressions of the North East Link. Picture: State Government

But Boroondara Mayor Cynthia Watson said the approvals process was “akin to council approving a planning application without having received plans that demonstrate what might be built”.

“Any sensitivity and understanding of the value our community places on public open space, amenity and transport movement across the city has been entirely absent since the day the Victorian Government announced their desire to disrupt lives by building North East Link,” she said.

Banyule Mayor Alison Champion said the councils were “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”.

Opposition planning and local government spokesman Tim Smith said the councils had “a good case, particularly in the court of public opinion”.

He accused Planning Minister Richard Wynne of ignoring issues raised in the environment effects process and declared it had been a “total farce”.

“Quite legitimately, the councils want an environmental effects statement on the final design of this project,” Mr Smith said.

Major construction work on the North East Link is expected to start next year, with the new toll road to be open by 2027.

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