By Megan Gorrey
Two Paddington residents are ramping up their fight to divert a contentious cycleway along Oxford Street, launching legal action against the state government and the City of Sydney council alleging the project breaches human rights laws by discriminating against elderly people and those with a disability.
Former city councillor Kathryn Greiner and Michael Waterhouse were among six residents who complained to the Australian Human Rights Commission about safety risks posed by the so-called “island” bus stops on the route from Hyde Park in the city to Centennial Park in the eastern suburbs.
Kathryn Greiner and Michael Waterhouse at an island bus stop with a separated cycleway outside Waverley Bus Depot on Oxford Street in Bondi Junction. Credit: Steven Siewert
Community sentiment has been deeply divided over the NSW government’s commitment to fund the Coalition-era project. Cyclists and City of Sydney Lord Mayor Clover Moore are supportive, but local opponents have argued it would be dangerous, cut off several right-hand turns from Oxford Street, and be detrimental for small businesses.
The commission terminated the group’s complaint after finding there was no reasonable prospect of the matter being settled by conciliation, allowing the group 40 days to file in the Federal Court.
The pair’s case centres on the “island” bus stops created by the separated cycleway, which force passengers to cross the bike lanes to get from the footpath to the bus stop. The stops are already found along some Sydney cycleways, and are also similar to some platform-style light rail stops.
Waterhouse argued crossing a two-way cycle lane to reach a platform bus stop risked near-misses or collisions between cyclists and people who were less mobile, or had a hearing or vision impairment.
Transport for NSW’s impression of a proposed 1.8-kilometre separated cycleway on Sydney’s Oxford Street.
“I have a deafness problem, I don’t hear a cyclist’s bell,” Waterhouse said. “If you’re blind, you’re on a hiding to nothing because you simply have no idea what’s going on. Oxford Street has long, straight stretches, so cyclists can get to 40 or 50km/h.”
The City of Sydney has built the western section of the cycleway, from Hyde Park to Taylor Square, while Transport for NSW is planning the eastern section from the square to Centennial Park.
Waterhouse and Greiner are proposing Transport for NSW alter the proposed route of the eastern section of the cycleway to avoid Oxford Street and instead run along Flinders Street in Darlinghurst and Moore Park Road in Paddington.
They also want the City of Sydney to install risk mitigation measures around the platform bus stops on the completed western section of the cycleway. These could include speed humps, dedicated traffic lights for cyclists at pedestrian crossings, and cameras to record crashes and near-misses.
“People might say they want the more direct Oxford Street cycleway. We are not opposed to cyclists and cycleways. Safety for cyclists is important – convenience is not unimportant – but there needs to be a trade-off between that and the safety of elderly and disabled people,” Waterhouse said.
A Transport for NSW spokeswoman said the agency developed all infrastructure with accessibility in mind and considering the national disability standards for accessible public transport requirements.
“Transport [for NSW] has been consulting businesses and the community on a proposed separated cycleway on Oxford Street between Taylor Square and Centennial Park, including with the accessible transport advisory committee. No decisions have yet been made by the NSW government.”
The transport agency has previously said the 1.8-kilometre section of the separated cycleway from the city through Paddington would make Oxford Street safer for pedestrians and cyclists, while delivering upgraded public spaces, activities and events to help revitalise the struggling retail strip.
A City of Sydney spokeswoman declined to comment, given the matter was before the courts. The case has been listed for directions on May 20.
Waterhouse hoped the court case might influence standards for similar bus stop projects elsewhere.
“I formed the view if we could reach government or if the Federal Court decides in our favour and sets down requirements for these bus stops in terms of risk mitigation measures, those will become the basis for a legal standard for design of these bus stops across Australia and New Zealand.”
The group’s earlier complaint to the commission included video clips of crashes or near-misses at “floating” bus stops in London, where they are common, published by the National Federation of the Blind of the UK.
Meanwhile, work began at the weekend to upgrade a controversial 1.2-kilometre cycleway on Bridge Road, Pyrmont, between Lyons Road and Taylor Street, Glebe. Transport for NSW said it was replacing the temporary cycleway barrier with concrete barriers, installing two raised pedestrian crossings, and resheeting the road surface along the length of the cycleway. The work is expected to be finished by the end of next year.
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