Local council to consider legal action to fight plans for level crossing removal

A MELBOURNE council is threatening legal action against the Andrews Government over the removal of a level crossing, with the project to start within weeks despite local opposition.

A MELBOURNE council is threatening legal action against the Andrews Government over the removal of a level crossing, with the project to start within weeks, despite local opposition.

Moonee Valley Council will consider taking the state government to court after it used its powers to push ahead with approvals for the level crossing removal on Buckley St, Essendon.

BUCKLEY ST LEVEL CROSSING REMOVAL TO GO AHEAD

AUTHORITY SLAMMED FOR AWARDING CROSSING REMOVAL CONTRACTS BEFORE COMPLETING TRAFFIC STUDY

Locals want the crossing gone but residents groups have vocally opposed the plans, with the council allocating $50,000 to fight the government’s plans to dig under the tracks.

Opponents of the road-under-rail option fear it will damage the street’s character and have campaigned over the past year for a more expensive rail-under-road solution.

An artist impression of the Buckley St level crossing removal project.

An artist impression of the Buckley St level crossing removal project.

Mayor John Sipek said the state government locked the community out of the process by giving the project special status under the Major Transport Projects Facilitation Act.

“Council officers stumbled across the declaration hidden in a document by chance almost a month after the fact,” he said.

“We also finally received a letter in relation to the approval of the Planning Scheme Amendment on 29 January when the decision was made on 28 December.

“We have now written to the Premier seeking an explanation and copies of documents showing how the project was assessed under the Act, including how they met the requirement for public consultation. If the state government is unable to meet this request, we will be forced to consider legal action.”

Moonee Valley Council will consider taking the state government to court over the level crossing removal on Buckley St, Essendon. Picture: Ellen Smith

This week the government announced work on the $114 million program would soon start after 18 months of community consultation.

Over that period, Level Crossing Removal Authority made changes to their final design but chose to proceed with the underpass to divert traffic under the rail line.

State government figures ­indicate boom gates at the crossing, which receives 11,000 drivers each day, are down for about 78 minutes during the two-hour morning peak.

“This is exciting for Essendon, as work gets under way to provide a safer and smoother journey for road and rail users, while preserving the iconic ­Essendon station,” Member for Essendon Danny Pearson said.

Acting Public Transport Minister Luke Donnellan said the government was getting rid of “congested death traps” after years of inaction.

[e-mail]