Two barristers are leading calls for 'pop-up' cycleways to be removed from busy streets of Sydney because they're 'unlawful'.The NSW government and Ci
Two barristers are leading calls for ‘pop-up’ cycleways to be removed from busy streets of Sydney because they’re ‘unlawful’.
The NSW government and City of Sydney Council used emergency Covid-19 powers to install six temporary cycleways across the city two years ago designed to encourage Sydneysiders to consider ‘active transport’ options during the pandemic.
Sites included Bridge Road in inner-city Glebe, Pitt street in the CBD, Moore Park Road in Paddington and Sydney Park Road in Erskineville.
A ministerial order stated the cycleways ‘must not remain in place for more than two months after the prescribed period’ which was later extended to March 31 this year.
The disclaimer had led to Sydney barrister Mark Fozzard to believe the cycleways have been in place unlawfully for the last four months after reviewing the order.
This is despite being an avid rider himself.
Pop up cycleways across Sydney installed during the pandemic are set to become permanent or be relocated
‘The question which arises is whether there is any lawful authority for the continuation of the temporary cycleway,’ he wrote.
‘The terms of the Ministerial Order were clear and expressed in the language of a command. In my view that command must be carried out.
‘In my view the minister and Transport for NSW have failed to have regard to the terms of the Ministerial Order of 29 May 2020 or are ignoring it.’
Mr Fozzard was commissioned by fellow barrister and Glebe resident John Young, who has opposed the cycleway on his street since it was installed as he believes it’s unsafe.
‘It doesn’t have lawful authority to be there,’ Mr Young told the Sydney Morning Herald.
‘The big problem, and I think it’s irresistible, is that it’s a terrible road for a cycleway.
‘I’m going to wake up one morning and find a dead cyclist in my front yard.’
Two barristers believe Sydney’s pop up cycleways (one pictured) have been in place ‘unlawfully’ since June 1, a claim denied by minister Rod Stokes
Sydney barrister Mark Fozzard (pictured) believed the pop-up cycleways have been ‘unlawfully’ in place since June
Transport for NSW has since confirmed Bridge Road cycleway in Glebe will become permanent with work to commence in the coming weeks.
The other five temporary cycleways are also set to become permanent or will be relocated.
The Pitt Street cycleway in the CBD is already a permanent fixture and is used for 6,000 bike rides week.
Its popularity prompted City of Sydney Council to open a new separated cycleway on nearby King Street to provide riders a smooth and safe connection to the city’s east.
Minister Rob Stokes recently responded to questions about the ministerial order.
He said the expired public health order had been replaced by a Review of Environmental Factors, which ‘enables the cycleway to remain before permanent improvements are made.’
The cycleways (one pictured being used by riders) were installed to encourage Sydneysiders to consider ‘active transport’ options when commuting during the Covid-19 pandemic