CRITERIA
FOR EVALUATION
VOLUME III
VOLUME III
January, 1981.
D. SOCIAL
CRITERIA
I. DISPLACEMENT OF PEOPLE AND PROPERTY
II. INJURIOUS AFFECTATION TO PROPERTY
III. INDIRECT EFFECTS UPON THE COMMUNITY
IV. SEVERANCE
V. ACCIDENTS
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I. DISPLACEMENT OF PEOPLE AND PROPERTY
1. WHAT ARE THE EFFECTS OF DISPLACEMENT?
1.1 Objectives and Criteria
The Joint Study Report states (1) the
following objectives:-
following objectives:-
- minimise the extent and adverse
effects of acquisition of
housing; - maintain or increase the number
of jobs and businesses.
In respect of these objectives the following
criteria are suggested:- (2)
criteria are suggested:- (2)
- the number of dwellings to be
demolished; - the ability of residents to cope with
relocation; - the effect on schools and other
community facilities as measured by
the demolition or adjustment to
school land or community buildings; - the effect on business and employment
as measured by the number of businesses
and jobs displaced from the locality.
1.2 The Effects of Displacement
People invest a great deal of their personalities
in their homes. Resumption cannot be viewed as
simply shuffling someone from this place to
that. Even were compensation lavish, it would
still be a dislocating experience which people
would dread and resent. That dread and that
resentment has been expressed in a great many
ways in submissions made to this Inquiry. It
is well summarised in the following passage,
taken from the submission of the Community
Resources Centre at Bardwell park:- (3)
in their homes. Resumption cannot be viewed as
simply shuffling someone from this place to
that. Even were compensation lavish, it would
still be a dislocating experience which people
would dread and resent. That dread and that
resentment has been expressed in a great many
ways in submissions made to this Inquiry. It
is well summarised in the following passage,
taken from the submission of the Community
Resources Centre at Bardwell park:- (3)
1. Joint
Study Report, page 7.
2. Ibid., pages 8 and 9.
3. Submission S.K/C 950, Attachment A,
(7th August, 1979), page 10
2. Ibid., pages 8 and 9.
3. Submission S.K/C 950, Attachment A,
(7th August, 1979), page 10
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"Many of, the residents have
lived in
the area for 30-40 Years. Many are
second or third generation (e.g.,
Undercliffe residents). Comments
from these people such as "it’s a good
place to live"; "I love the peace and
quiet"; “this place is a part of you";
'I’m too old to move" etc. are not
only common, but particularly poignant.
Residents are tied in many sentimental
way to their neighbourhoods, particularly
when they have been involved in constructing
it. For example, many residents of
Belfield were involved in building the
church, school and local bowling club.
It is these kind of people that the road
proposals harm most. For them it is not
a choice they would have ever made, and
when faced with the idea of moving away
from the locality they have always known
as home, their lives are severely
disrupted."
the area for 30-40 Years. Many are
second or third generation (e.g.,
Undercliffe residents). Comments
from these people such as "it’s a good
place to live"; "I love the peace and
quiet"; “this place is a part of you";
'I’m too old to move" etc. are not
only common, but particularly poignant.
Residents are tied in many sentimental
way to their neighbourhoods, particularly
when they have been involved in constructing
it. For example, many residents of
Belfield were involved in building the
church, school and local bowling club.
It is these kind of people that the road
proposals harm most. For them it is not
a choice they would have ever made, and
when faced with the idea of moving away
from the locality they have always known
as home, their lives are severely
disrupted."
The effects of displacement will vary from individual
to individual. Some manifestly cope better than others.
The vulnerability of particular groups will be
examined shortly.
to individual. Some manifestly cope better than others.
The vulnerability of particular groups will be
examined shortly.
Whether one copes well or badly, certain consequences
are predictable and universal. Being wrenched from
one's home, so that it can be destroyed to make way for
a public facility, is naturally a distressing
experience. People spend an extraordinary amount of
their leisure time, and a high proportion of their
money, renovating and improving their homes.
Something acquired gradually and through effort is
inevitably a source of satisfaction and pride.
are predictable and universal. Being wrenched from
one's home, so that it can be destroyed to make way for
a public facility, is naturally a distressing
experience. People spend an extraordinary amount of
their leisure time, and a high proportion of their
money, renovating and improving their homes.
Something acquired gradually and through effort is
inevitably a source of satisfaction and pride.
That is not to say that resumptions should never be
made. Obviously they will be necessary from time to
time. The human cost however is not to be underestimated.
It is certainly not underestimated by this Inquiry.
made. Obviously they will be necessary from time to
time. The human cost however is not to be underestimated.
It is certainly not underestimated by this Inquiry.
The effects of displacement will depend, in part,
upon whether the individual is relocated outside the
area. If that occurs the consequences are certainly more
drastic. First, relocation, in these circumstances,
will mean separation from friends and relatives.
upon whether the individual is relocated outside the
area. If that occurs the consequences are certainly more
drastic. First, relocation, in these circumstances,
will mean separation from friends and relatives.
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Companionship, support, and the many tiny but
important services provided by friends and relatives
(such as baby-sitting etc. ) will be replaced by
isolation and loneliness, at least until new friends
are made.
important services provided by friends and relatives
(such as baby-sitting etc. ) will be replaced by
isolation and loneliness, at least until new friends
are made.
Secondly, relocation in another area may create
difficulties for school children, and for the
employment pursued by family members. School
children may attend a particular school. It may not
be convenient for them (or all of them) to simply
transfer to the local school. A situation may come-
about where one child attends a private school in
the old area, and another child attends a local
school in the new area. Similarly, the delicate
balance between the husband’s and wife's employment
(which enables them to make adequate arrangements for
the children before and after work), may be upset by
the additional travelling involved.
difficulties for school children, and for the
employment pursued by family members. School
children may attend a particular school. It may not
be convenient for them (or all of them) to simply
transfer to the local school. A situation may come-
about where one child attends a private school in
the old area, and another child attends a local
school in the new area. Similarly, the delicate
balance between the husband’s and wife's employment
(which enables them to make adequate arrangements for
the children before and after work), may be upset by
the additional travelling involved.
The people being displaced will, more than likely,
have a number of ties with local institutions.
Either they will be forced to abandon those
institutions, or to suffer the time and cost of
additional travel. They may be club members, or church
members, or they may belong to sporting associations.
One submission, for instance, had this to say:- (4)
have a number of ties with local institutions.
Either they will be forced to abandon those
institutions, or to suffer the time and cost of
additional travel. They may be club members, or church
members, or they may belong to sporting associations.
One submission, for instance, had this to say:- (4)
"Elderly people..are often
held in
high esteem, a pillar of the church,
a person to be consulted on past
history of the area, but when moved
away from the area they know and from
their friends, perhaps to a lower grade
area because of financial loss, they
become a non-entity - a nobody."
high esteem, a pillar of the church,
a person to be consulted on past
history of the area, but when moved
away from the area they know and from
their friends, perhaps to a lower grade
area because of financial loss, they
become a non-entity - a nobody."
It is obvious from the many submissions that people
grow fond of the particular area in which they live.
grow fond of the particular area in which they live.
4.
Submission C.J. Hurst, S.K/C 1144.
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It holds memories for them and they identify
with it. They lose the 'area' quite apart from
their home, and friends, and their burden is made
heavier by the isolation and loneliness they may
experience in new, unfamiliar surroundings.
with it. They lose the 'area' quite apart from
their home, and friends, and their burden is made
heavier by the isolation and loneliness they may
experience in new, unfamiliar surroundings.
These are reactions which one would expect even
if compensation were lavish. Compensation in
certain respects (which will be examined below)
is far from lavish. Where it is inadequate,
displacement will be felt the more keenly.
if compensation were lavish. Compensation in
certain respects (which will be examined below)
is far from lavish. Where it is inadequate,
displacement will be felt the more keenly.
1.3 Vulnerability of Certain Groups to Displacement
Certain groups within the community can be identified
as having less resilience than others. Their
isolation and dislocation is, therefore, likely to
be greater if they are displaced.
as having less resilience than others. Their
isolation and dislocation is, therefore, likely to
be greater if they are displaced.
First, certain age groups will find adjustment
difficult. Adjustment, after all, requires a good
deal of energy. The physical house must be
transformed to a home. Contact must be made with
the surrounding community. The elderly will find both
tasks difficult. There is the real danger that they
will simply withdraw.
difficult. Adjustment, after all, requires a good
deal of energy. The physical house must be
transformed to a home. Contact must be made with
the surrounding community. The elderly will find both
tasks difficult. There is the real danger that they
will simply withdraw.
The divorced, widowed and separated are said to be
another group vulnerable to displacement. A report
to the Commonwealth Bureau of Roads (1976) states:- (5)
another group vulnerable to displacement. A report
to the Commonwealth Bureau of Roads (1976) states:- (5)
"The divorced, widowed and
separated are
more likely to be women in low income
groups and location dependent, at least
for housing. However, their critical
characteristics for this study is the
lack of supportive environment.
Psychological stress on a single
person, especially someone with children,
may be more severe than upon a family
or group of persons where anxiety or
stress is met by a shared or
supportive environment.”
more likely to be women in low income
groups and location dependent, at least
for housing. However, their critical
characteristics for this study is the
lack of supportive environment.
Psychological stress on a single
person, especially someone with children,
may be more severe than upon a family
or group of persons where anxiety or
stress is met by a shared or
supportive environment.”
5. Sydney
Strategic Study: Social Impact of
Selected Freeway Systems, page 28.
Selected Freeway Systems, page 28.
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This group may suffer an added disadvantage in
terms of compensation, as expressed by a member of
the Riverview Road, Earlwood, Community Action
Committee:- (6)
terms of compensation, as expressed by a member of
the Riverview Road, Earlwood, Community Action
Committee:- (6)
"If my home were resumed I
would receive
only half of the value, as my ex-husband
would be entitled to his share. I would
not be able to take a loan for another
home, and I would not even be able to
buy a cheap unit. I certainly would not
be able to live or bring up my children
to the standard I am able to do now. My
children already feel the insecurity of
a broken family, but to take away their
home and their established way of life
would shatter their security altogether.”
only half of the value, as my ex-husband
would be entitled to his share. I would
not be able to take a loan for another
home, and I would not even be able to
buy a cheap unit. I certainly would not
be able to live or bring up my children
to the standard I am able to do now. My
children already feel the insecurity of
a broken family, but to take away their
home and their established way of life
would shatter their security altogether.”
The third group identified as being especially
vulnerable is the recently arrived migrant (i.e.,
residents in Australia for less than four years),
and non-English speaking migrants. In many cases
they form communities in particular areas, because
of the convenience of friends and relations and
facilities which cater for their needs. It is
not difficult to appreciate that they should feel
isolated away from that community. Inadequate
English, moreover, will make it more difficult to
break out of that isolation.
vulnerable is the recently arrived migrant (i.e.,
residents in Australia for less than four years),
and non-English speaking migrants. In many cases
they form communities in particular areas, because
of the convenience of friends and relations and
facilities which cater for their needs. It is
not difficult to appreciate that they should feel
isolated away from that community. Inadequate
English, moreover, will make it more difficult to
break out of that isolation.
Finally, there are the poor. Their plight is
captured in the following spirited exchange in
the evidence given by Ms. Kay Ewin of the community
Resources Centre, Bardwell Park:- (7)
captured in the following spirited exchange in
the evidence given by Ms. Kay Ewin of the community
Resources Centre, Bardwell Park:- (7)
"MIDDLETON: But you’re
not saying one
group would be less resilient to the
upheaval than another group are you?
group would be less resilient to the
upheaval than another group are you?
MS. EWIN: I would
tend from experience
in community welfare to say that money
makes a tremendous difference in terms
of resilience to upheaval. That the more
money you have, the more options you
have, and the more you can cushion the
blow. And so I would say definately
yes.”
in community welfare to say that money
makes a tremendous difference in terms
of resilience to upheaval. That the more
money you have, the more options you
have, and the more you can cushion the
blow. And so I would say definately
yes.”
6.
Transcript, 25/9/79, page 2.
7. Transcript, 25/9/79, page 59.
7. Transcript, 25/9/79, page 59.
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The poor are more like1y to be tenants and
either not compensated or not given substantial
compensation. They may even be carless and the more
vulnerable to isolation if they are resettled on the
fringe of the Metropolitan Area. Of this group the
following is said in the Sydney Strategic Study:- (8)
either not compensated or not given substantial
compensation. They may even be carless and the more
vulnerable to isolation if they are resettled on the
fringe of the Metropolitan Area. Of this group the
following is said in the Sydney Strategic Study:- (8)
"Those people of low status
may also
be those least able to adjust to the
financial costs imposed by acquisition
and relocation. Experiences of displaced
persons have shown that when relocated,
a large number of people are forced to
pay an additional amount over and above
the compensation value for their new home
and that searching for a new home is
in itself a lengthy and difficult process.”
be those least able to adjust to the
financial costs imposed by acquisition
and relocation. Experiences of displaced
persons have shown that when relocated,
a large number of people are forced to
pay an additional amount over and above
the compensation value for their new home
and that searching for a new home is
in itself a lengthy and difficult process.”
The Joint Study Report suggests that the external
cladding of the houses affected by each option
(whether brick, weatherboard or fibro) is a reliable
indication of the 'socio-economic status' of the
occupants. Whilst that may be so, in the absence of a
survey, it is not possible, except in a very general
way, to know whether people, who are likely to be
displaced by particular options, fall within groups
which may be vulnerable.
cladding of the houses affected by each option
(whether brick, weatherboard or fibro) is a reliable
indication of the 'socio-economic status' of the
occupants. Whilst that may be so, in the absence of a
survey, it is not possible, except in a very general
way, to know whether people, who are likely to be
displaced by particular options, fall within groups
which may be vulnerable.
Quite apart from particular groups, there are
individuals who are especially vulnerable to
displacement. A submission was received from a resident
of Undercliffe Road, Earlwood which read, in part, as
follows:- (9)
individuals who are especially vulnerable to
displacement. A submission was received from a resident
of Undercliffe Road, Earlwood which read, in part, as
follows:- (9)
"My wife is disabled and I am
paraplegic
confined to a wheelchair, from which I
have worked for 27 years. We reside in
a rented property which, will be affected
by the proposed roadway. The building
was specially designed for disabled
people."
confined to a wheelchair, from which I
have worked for 27 years. We reside in
a rented property which, will be affected
by the proposed roadway. The building
was specially designed for disabled
people."
8. Sydney
Strategic Study, ibid., page 29.
9. S.K/C 069 Edward C. Miners.
9. S.K/C 069 Edward C. Miners.
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2. SURVEYS OF PEOPLE WHO HAVE BEEN DISPLACED
2.1 The Position in New South Wales
No evidence was placed before this Inquiry
concerning the fate of the people who have been
displaced in the past. Where did they go?
Were they disadvantaged? Did they quickly adjust?
Was the prospect of moving worse than the
reality?
concerning the fate of the people who have been
displaced in the past. Where did they go?
Were they disadvantaged? Did they quickly adjust?
Was the prospect of moving worse than the
reality?
These are important questions. No ready answer
can be supplied. There is the suggestion that
many of those displaced by the Warringah
Expressway were 'forced to move to locations much
further from the city'.(10)
can be supplied. There is the suggestion that
many of those displaced by the Warringah
Expressway were 'forced to move to locations much
further from the city'.(10)
2.2 The Experience in the United Kingdom
No doubt caution must be exercised in drawing
upon the experience of other countries. People
differ from place to place and from metropolis
to metropolis. It is one thing to be 'banished'
to one side of a small English village; it is
quite another to be sent to the outskirts of
the Sydney Metropolitan Area. Nonetheless,
exercising caution, the results of surveys
carried out in the United Kingdom paint a
picture not dissimilar to that which one would
construct intuitively. In a paper entitled
"Social Survey”, (October, 1974), people displaced
were interviewed. The first group (11) agreed
overwhelmingly that they had liked the area from
which they had been displaced as a place to live.
In answer to questions about the move itself
the result was as follows:- (11)
upon the experience of other countries. People
differ from place to place and from metropolis
to metropolis. It is one thing to be 'banished'
to one side of a small English village; it is
quite another to be sent to the outskirts of
the Sydney Metropolitan Area. Nonetheless,
exercising caution, the results of surveys
carried out in the United Kingdom paint a
picture not dissimilar to that which one would
construct intuitively. In a paper entitled
"Social Survey”, (October, 1974), people displaced
were interviewed. The first group (11) agreed
overwhelmingly that they had liked the area from
which they had been displaced as a place to live.
In answer to questions about the move itself
the result was as follows:- (11)
"About a fifth of the sample
were quite
happy about it, while about the same
proportion expressed no opinion either
way. Thus almost two-thirds were unhappy
about the move, and felt very dissatisfied."
happy about it, while about the same
proportion expressed no opinion either
way. Thus almost two-thirds were unhappy
about the move, and felt very dissatisfied."
10. L.
Sandercock "Cities for Sale" 1975, page 192,
cited in Bureau of Transport Economics (Occasional
Paper 16): A Discussion Paper of Transport Planning in Sydney to 1975, page 20.
cited in Bureau of Transport Economics (Occasional
Paper 16): A Discussion Paper of Transport Planning in Sydney to 1975, page 20.
11. Page
23.
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A second survey probed the effect of changing
districts upon the people displaced. The report on
the survey is as follows:-
districts upon the people displaced. The report on
the survey is as follows:-
"Of those interviewed 89% live
in a different
district as a result of the move. It seems
reasonable to suggest that those having
problems in settling down in the new
neighbourhood would tend to compensate by
maintaining ties with the old district.
However, despite the fact that many old
people had lived in their previous area
for a long time, it was found that very
little contact was maintained by means of
return visits. The most common reason
for a trip to the old neighbourhood was to
see a friend but this only applied to 18%
of those having changed districts. What
is more, less than half of these made the
trip more than once a month..."
district as a result of the move. It seems
reasonable to suggest that those having
problems in settling down in the new
neighbourhood would tend to compensate by
maintaining ties with the old district.
However, despite the fact that many old
people had lived in their previous area
for a long time, it was found that very
little contact was maintained by means of
return visits. The most common reason
for a trip to the old neighbourhood was to
see a friend but this only applied to 18%
of those having changed districts. What
is more, less than half of these made the
trip more than once a month..."
The report goes on:-
"Respondents were asked to compare the number
of people they had known in their old district
with the number they now know in their
present one. Two-thirds thought they knew
less people than before...”
Friendships are consolidated by proximity. They are
fractured by distance and the inertia created by
distance.
fractured by distance and the inertia created by
distance.
2.3 Community's View on the Need for the Facility
The Sydney Area Transportation Study began in 1971
and concluded with a massive report in 1974. It
was, by and large, overtaken by events. Its final
report recommended an elaborate and expensive freeway
and public transport system. In the period of its
gestation, however, the so-called 'freeway revolt’(12)
occurred. The authors of the report speculate
on the reasons for the change in mood and whether it
was confined to a vociferous minority. They puzzled
about the lack of opposition to previous
transportation improvements, and especially railway
improvements. They suggested a number of reasons
and concluded with a massive report in 1974. It
was, by and large, overtaken by events. Its final
report recommended an elaborate and expensive freeway
and public transport system. In the period of its
gestation, however, the so-called 'freeway revolt’(12)
occurred. The authors of the report speculate
on the reasons for the change in mood and whether it
was confined to a vociferous minority. They puzzled
about the lack of opposition to previous
transportation improvements, and especially railway
improvements. They suggested a number of reasons
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including the following:- (13)
"Railways were regarded as
being highly
beneficial to the suburbs they served,
as generally they provided the only
means of fast transport when constructed..
(and they) preceded rather than followed
medium and high density development. Thus
there was little disruption to existing
residential areas...Road improvements were
mainly in the form of road widening, and
involved only a fraction of the width
being necessary for a modern highway."
beneficial to the suburbs they served,
as generally they provided the only
means of fast transport when constructed..
(and they) preceded rather than followed
medium and high density development. Thus
there was little disruption to existing
residential areas...Road improvements were
mainly in the form of road widening, and
involved only a fraction of the width
being necessary for a modern highway."
The number of people displaced by an even less
elaborate freeway system than that suggested by
SATS has been calculated as exceeding 18,000 persons
(over 5,000 dwellings) (14).
elaborate freeway system than that suggested by
SATS has been calculated as exceeding 18,000 persons
(over 5,000 dwellings) (14).
The SATS Report met with a good deal of community
opposition. For this and other reasons (population
revisions as well as budgetary constraints) the
proposals it made have been severely trimmed.
opposition. For this and other reasons (population
revisions as well as budgetary constraints) the
proposals it made have been severely trimmed.
The SATS Study was, nonetheless, right to concern
itself with the question whether the community wanted
or felt the need for the facilities which were being
suggested. If there is that need, and it is widely
felt, the sacrifice of those being displaced can the
more easily be understood, and tolerated, both by the
people being displaced and by the community.
itself with the question whether the community wanted
or felt the need for the facilities which were being
suggested. If there is that need, and it is widely
felt, the sacrifice of those being displaced can the
more easily be understood, and tolerated, both by the
people being displaced and by the community.
3. COMPENSATION FOR PERSONS DISPLACED
3.1 The General Principles
3.1.1 Introduction
There are three basic issues which arise
considering questions of compensation:-
considering questions of compensation:-
- First, who is entitled to
compensation? - Secondly, what are the principles
for assessing that compensation? - Thirdly, when is that compensation
payable?
Each question will be examined in turn.
13. Sydney
Area Transportation Study, Volume 2, Chapter
VII, page 40.
14. The Sydney Strategic Study, page 3.
VII, page 40.
14. The Sydney Strategic Study, page 3.
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3.1.2 Who is Entitled to Compensation?
To be entitled to compensation a person must have
an interest in land. He or she need not be the
owner; it is sufficient if they have an interest
under a lease or under a mortgage, though the extent
of compensation will, of course, be different depending
upon the interest concerned.
an interest in land. He or she need not be the
owner; it is sufficient if they have an interest
under a lease or under a mortgage, though the extent
of compensation will, of course, be different depending
upon the interest concerned.
It is not necessary that the whole of the property
should be affected. In some cases it will be. In
other cases substantially all property is affected so
that what remains is of no real value to the owner.
In those circumstances the owner can compel the
Department of Main Roads to resume the whole property.
A third situation arises where part of the property is
affected but the remainder is still useful to the owner.
The owner is then compensated for that part which is
taken.
should be affected. In some cases it will be. In
other cases substantially all property is affected so
that what remains is of no real value to the owner.
In those circumstances the owner can compel the
Department of Main Roads to resume the whole property.
A third situation arises where part of the property is
affected but the remainder is still useful to the owner.
The owner is then compensated for that part which is
taken.
3.1.3 What are the Principles for Assessing Compensation?
The principles by which compensation is assessed have
recently been altered. Broadly, the alteration
(effected by section 116 of the Environmental
Planning and Assessment Act 1980) reaffirms the
previous law and adds a new element of compensation
where a person's place of residence is being resumed,
a ‘solatium’. A solatium is additional compensation which
the court may award to cushion the blow of having to
relocate one's residence.
recently been altered. Broadly, the alteration
(effected by section 116 of the Environmental
Planning and Assessment Act 1980) reaffirms the
previous law and adds a new element of compensation
where a person's place of residence is being resumed,
a ‘solatium’. A solatium is additional compensation which
the court may award to cushion the blow of having to
relocate one's residence.
Whilst the solatium provision is a welcome addition
to the compensation principles, they still suffer
from a great many shortcomings. To appreciate the
shortcomings it is necessary to briefly state the
principles. The Courts have adopted the term 'value to
the owner, with the intention of ensuring that the
dispossessed owner is fully indemnified for the loss of
his or her land. But what does that mean? The Courts
have substituted equally imprecise formulae when
interpreting that phrase, including 'that sum which the
owner would be prepared to pay rather than lose his land'
and 'the amount which a prudent man in his position would
to the compensation principles, they still suffer
from a great many shortcomings. To appreciate the
shortcomings it is necessary to briefly state the
principles. The Courts have adopted the term 'value to
the owner, with the intention of ensuring that the
dispossessed owner is fully indemnified for the loss of
his or her land. But what does that mean? The Courts
have substituted equally imprecise formulae when
interpreting that phrase, including 'that sum which the
owner would be prepared to pay rather than lose his land'
and 'the amount which a prudent man in his position would
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have been willing to pay for the land sooner
than fail to obtain it’ (15).
The market value must first be calculated. It must
be calculated without reference to the fact that the
land is affected by a corridor or the possibility of
resumption. Secondly, the owner is entitled to
'special value' which includes any additional
economic advantage which he may obtain by reason of
his ownership or occupation, which is not reflected
in the market value. The concept ‘value to the owner'
does not include sentimental value or attachment.
The owner is entitled to what may be termed
'disturbance expenses' being the losses which result
'naturally, reasonably and directly from acquisition’.
Removal expenses, the cost of replacing furniture and
fittings, and legal costs are embraced by this term.
be calculated without reference to the fact that the
land is affected by a corridor or the possibility of
resumption. Secondly, the owner is entitled to
'special value' which includes any additional
economic advantage which he may obtain by reason of
his ownership or occupation, which is not reflected
in the market value. The concept ‘value to the owner'
does not include sentimental value or attachment.
The owner is entitled to what may be termed
'disturbance expenses' being the losses which result
'naturally, reasonably and directly from acquisition’.
Removal expenses, the cost of replacing furniture and
fittings, and legal costs are embraced by this term.
3.1.4 The Time at which Compensation is Payable
Corridors exist throughout the Sydney Metropolitan
Area. Property within those corridors may not be
required for some time. Owners may, nonetheless,
experience difficulty in selling their homes on the
open market. Notwithstanding the theory that owners
are not financially disadvantaged when resumption takes
place, areas affected by corridors often suffer from
'planning blight'. In cases of hardship the Department
of Main Roads has a policy (16) of purchasing the
property ahead of time. The same principles are
applied although, curiously, the Department does not
pay the legal costs of a person whose property it
purchases in these circumstances.
Area. Property within those corridors may not be
required for some time. Owners may, nonetheless,
experience difficulty in selling their homes on the
open market. Notwithstanding the theory that owners
are not financially disadvantaged when resumption takes
place, areas affected by corridors often suffer from
'planning blight'. In cases of hardship the Department
of Main Roads has a policy (16) of purchasing the
property ahead of time. The same principles are
applied although, curiously, the Department does not
pay the legal costs of a person whose property it
purchases in these circumstances.
Assuming a project is going ahead, and properties are
being acquired, negotiations take place between the
Department and the individual owners. It is only
where they cannot agree upon a reasonable price that
the Department will exercise its power to
being acquired, negotiations take place between the
Department and the individual owners. It is only
where they cannot agree upon a reasonable price that
the Department will exercise its power to
15. Pastoral
Finance Association Limited v The Minister
1974 AC 1083, 1088.
16. Joint Study Report Appendix 6.4, page A9.
1974 AC 1083, 1088.
16. Joint Study Report Appendix 6.4, page A9.
-16-
compulsorily resume the property. In those
circumstances the court may determine what is
reasonable compensation. It will make that
determination applying the principles outlined.
But whether the sale takes place by agreement or
compulsion, delay is often involved. The delay
disadvantages the person whose house has been resumed
in two distinct ways. First, the agreed compensation
depreciates in value in accordance with the inflation
rate. Secondly, the market value of alternative
accommodation, which can only be purchased once the
resumption money is made available, is increasing all
the time with inflation and sometimes it is galloping
ahead of the inflation rate.
circumstances the court may determine what is
reasonable compensation. It will make that
determination applying the principles outlined.
But whether the sale takes place by agreement or
compulsion, delay is often involved. The delay
disadvantages the person whose house has been resumed
in two distinct ways. First, the agreed compensation
depreciates in value in accordance with the inflation
rate. Secondly, the market value of alternative
accommodation, which can only be purchased once the
resumption money is made available, is increasing all
the time with inflation and sometimes it is galloping
ahead of the inflation rate.
3.2 Reactions to Compensation Paid
With a good deal of wisdom the SATS Report made
the following observation:- (17)
the following observation:- (17)
"It is essential in
practical as well as
ethical terms that householders who lose
out from development should be fairly
compensated if the roads are to be socially
acceptable." (emphasis added)
ethical terms that householders who lose
out from development should be fairly
compensated if the roads are to be socially
acceptable." (emphasis added)
We have been at some pains to point out that
displacement inevitably involves hardship. That
hardship is needlessly increased if compensation is
less than fair.
displacement inevitably involves hardship. That
hardship is needlessly increased if compensation is
less than fair.
What is the position in New South Wales? In the
public hearings the Department of Main Roads made
the following comment:- (18)
public hearings the Department of Main Roads made
the following comment:- (18)
"(some) fairly old research
which we didn't
do - incidental to a thesis that some
university students were doing..in which
they queried a number of people, not a very
large sample, but a number of people that
had their properties acquired by the
Department. From memory..something like 25
out of 30 said they were quite happy with
the compensation that they had received.
I think it was three said that they had not
been dealt with fairly and one or two said
that they had done better than expected."
do - incidental to a thesis that some
university students were doing..in which
they queried a number of people, not a very
large sample, but a number of people that
had their properties acquired by the
Department. From memory..something like 25
out of 30 said they were quite happy with
the compensation that they had received.
I think it was three said that they had not
been dealt with fairly and one or two said
that they had done better than expected."
17. SATS Report
Volume 2, Chapter VIII, page 10.
18. Transcript Day 3, 26/10/79, page 32.
18. Transcript Day 3, 26/10/79, page 32.
-17-
The Inquiry does not doubt the accuracy of that
statement. However, it suffers from a number of
limitations which are admitted. First, the sample
was very small and secondly the research was some
time ago. Recent experience in Melbourne and in
Brisbane, where property has been acquired for the
purposes of a freeway, suggests considerable
dissatisfaction. Yet the principles for assessing
compensation are substantially the same in Victoria
and Queensland as in New South Wales.
statement. However, it suffers from a number of
limitations which are admitted. First, the sample
was very small and secondly the research was some
time ago. Recent experience in Melbourne and in
Brisbane, where property has been acquired for the
purposes of a freeway, suggests considerable
dissatisfaction. Yet the principles for assessing
compensation are substantially the same in Victoria
and Queensland as in New South Wales.
First, in the case of the Eastern Freeway in
Melbourne, 61 house-holders displaced from homes in
Collingwood and Kew were interviewed. On average
they had lived in the area for 17 years and 5 months.
Six residents were described as 'elderly persons
living alone' with more than 30 years residence.
In Melbourne 56% of those interviewed thought themselves
disadvantaged financially by the move and 45%
positively complained that the compensation was
insufficient. Yet not one of the residents litigated
his or her claim.
Melbourne, 61 house-holders displaced from homes in
Collingwood and Kew were interviewed. On average
they had lived in the area for 17 years and 5 months.
Six residents were described as 'elderly persons
living alone' with more than 30 years residence.
In Melbourne 56% of those interviewed thought themselves
disadvantaged financially by the move and 45%
positively complained that the compensation was
insufficient. Yet not one of the residents litigated
his or her claim.
The story is no different in Brisbane though the
sample interviewed was larger. 100 house-holders
displaced by the South Eastern Freeway were
interviewed. On average they had resided in the area
for 22 years and 7 months. Some 68% positively
complained that the compensation they received was
insufficient. Again they chose not to litigate their
claims against the Queensland Department (19).
sample interviewed was larger. 100 house-holders
displaced by the South Eastern Freeway were
interviewed. On average they had resided in the area
for 22 years and 7 months. Some 68% positively
complained that the compensation they received was
insufficient. Again they chose not to litigate their
claims against the Queensland Department (19).
If further proof were needed that compensation has
been generally thought inadequate in the past, it
is surely provided by the following passage taken
from the 1976 Report of the Urban Transport Advisory
Committee (URTAC) and by the events which occurred after
the report:- (20)
been generally thought inadequate in the past, it
is surely provided by the following passage taken
from the 1976 Report of the Urban Transport Advisory
Committee (URTAC) and by the events which occurred after
the report:- (20)
19. Research
extracted in the Australian Law Reform
Commission Report No. 14 "Land Acquisition and
Compensation”, page 18-19.
20. URTAC Report 1976, page 39.
Commission Report No. 14 "Land Acquisition and
Compensation”, page 18-19.
20. URTAC Report 1976, page 39.
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"It is neither unexpected nor unreasonable
for the community affected by resumption
for large-scale road and other transport
projects and by the subsequent construction
and eventual traffic operation to react
in a parochial way. This is particularly.
so if individuals feel that they have been
inadequately compensated. At least one of
the important factors in creating opposition
to freeways is the level of compensation
for injurious effects. Recent experience
overseas indicates that a liberal and
enlightened approach to property acquisition
and compensation has considerably moderated
reaction to road and other transport
projects.” (emphasis added)
The URTAC Committee recommended an 'in-depth review'
of property acquisition policies and procedures.
That review was undertaken by a Committee known as the
Westlake Committee which has since reported (21). The
Australian Law Reform Commission has also published
its report on "Land Acquisition and Compensation" (1980).
3.3 Suggestions for Law Reform
Whilst the recommendations made by the Westlake
Committee and those of the Australian Law Reform
Commission differ in detail, "the underlying principles
upon which both sets of draft legislation are based are
almost identical". (22) In this exposition we can do
no more than briefly refer to some of the suggestions.
They underline the inadequacies of the law at present.
Those inadequacies exacerbate the hardship suffered by
persons displaced.
Committee and those of the Australian Law Reform
Commission differ in detail, "the underlying principles
upon which both sets of draft legislation are based are
almost identical". (22) In this exposition we can do
no more than briefly refer to some of the suggestions.
They underline the inadequacies of the law at present.
Those inadequacies exacerbate the hardship suffered by
persons displaced.
Both reports endeavour to deal with the question of
delay. Delay can be minimised by streamlined procedures.
A short period is, however, inevitable. To ameliorate
the effects of that period, low interest loans are
suggested. These are already available in Victoria.
The bulk of the compensation can be paid where there is
delay. Delay can be minimised by streamlined procedures.
A short period is, however, inevitable. To ameliorate
the effects of that period, low interest loans are
suggested. These are already available in Victoria.
The bulk of the compensation can be paid where there is
21. Report
of the Interdepartmental Committee on Land
Acquisition Procedures (January, 1978) Supplementary
Report June, 1979.
Acquisition Procedures (January, 1978) Supplementary
Report June, 1979.
22. Supplementary
Report of the Interdepartmental
Committee ibid., page 15.
Committee ibid., page 15.
-19-
a dispute as to the precise level of compensation.
Secondly, the Australian Law Reform Commission
makes an important suggestion concerning compensation
in the form of ‘a home for a home'. They say:- (23)
makes an important suggestion concerning compensation
in the form of ‘a home for a home'. They say:- (23)
"The present Act (The
Commonwealth Act)
provides for the payment of money as the
sole form of compensation. In some cases
this is unsatisfactory, from the viewpoint
of the former owner. Cases do arise where
an acquiring authority would be able to
offer alternative land in full or part
satisfaction of a compensation claim. It
is not realistic to require that the
Commonwealth offer resettlement in all cases
but the law should require the Minister
to endeavour to make an offer of resettlement
where this is requested by the owner. It
should allow resettlement in satisfaction
of a claim."
provides for the payment of money as the
sole form of compensation. In some cases
this is unsatisfactory, from the viewpoint
of the former owner. Cases do arise where
an acquiring authority would be able to
offer alternative land in full or part
satisfaction of a compensation claim. It
is not realistic to require that the
Commonwealth offer resettlement in all cases
but the law should require the Minister
to endeavour to make an offer of resettlement
where this is requested by the owner. It
should allow resettlement in satisfaction
of a claim."
In a later section of this Report we will deal with
the particular problems experienced by people whose
homes are partially acquired. They are compensated
for the partial acquisition, but they have to suffer
the presence of the highway facility on their
doorstep. They may prefer not to do so. They may
prefer their home to be wholly acquired. At present,
they are unable to compel acquisition unless the land
acquired makes the balance 'unviable' i.e., unlivable.
A mechanism should exist whereby these people are
allowed to leave, and are adequately compensated for
doing so. A stock of houses within the area would
then be available to those people who are displaced,
and who are most reluctant to leave the area.
A great many other suggestions are made by the
State and Commonwealth Reports. It is important that
these reforms should be implemented as expeditiously
as possible.
State and Commonwealth Reports. It is important that
these reforms should be implemented as expeditiously
as possible.
23. ALRC
Report ibid. summary XI and Report, pages
138-143.
138-143.
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3.4 Information About Acquisition Practice and Principles
In the United Kingdom a number of small booklets
have been prepared with the following titles:-
have been prepared with the following titles:-
- Your Home and Compulsory Purchase;
- Your Home and Nuisance from Public
Development; - Your Business and Public Development;
- The Farmer and Public Development.
These booklets explain in plain language what an
individual’s rights are. It is of the utmost
importance that people should not be intimidated
by the complexity of acquisition law and
procedure. They should be fully appraised of their
rights. This Inquiry recommends that booklets
similar to those available in the United Kingdom,
and appropriate for New South Wales, should be
prepared.
individual’s rights are. It is of the utmost
importance that people should not be intimidated
by the complexity of acquisition law and
procedure. They should be fully appraised of their
rights. This Inquiry recommends that booklets
similar to those available in the United Kingdom,
and appropriate for New South Wales, should be
prepared.
4. DISPLACEMENT OF BUSINESS
4.1 Principles of Compensation
Broadly speaking the principles are the same.
The proprietor of the business (or persons with an
interest in it) is entitled to compensation for
the 'value of the business property to him’ and the
disturbance occasioned by the need to relocate. He
is not entitled to a 'solatium’ for the inconvenience
of being disturbed.
The proprietor of the business (or persons with an
interest in it) is entitled to compensation for
the 'value of the business property to him’ and the
disturbance occasioned by the need to relocate. He
is not entitled to a 'solatium’ for the inconvenience
of being disturbed.
He is entitled to removal costs in transferring
plant and machinery, to losses sustained as a
result of disturbing the business, and to loss of
profits during re-establishment.
plant and machinery, to losses sustained as a
result of disturbing the business, and to loss of
profits during re-establishment.
4.2 Employees Not Compensated
Employees do not have a compensable interest in the
business. In some cases the business may re-establish
in some other area and they may continue with their
employment. In other cases the business may close,
and they may lose their job. In neither case are
they compensated.
business. In some cases the business may re-establish
in some other area and they may continue with their
employment. In other cases the business may close,
and they may lose their job. In neither case are
they compensated.
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4.3 Importance of Survey
The Inquiry does not have adequate information
concerning the effects of each option upon
business and employment.
concerning the effects of each option upon
business and employment.
An estimate was made of the number of employees
affected (24). The estimate was based upon
Australian Bureau of Statistics figures which
gave the number of employees for 'typical
establishments' within particular industries for
each local government area. The use of those
figures is not adequate. The businesses themselves
ought to have been surveyed for a number of
reasons. First, a highway passing through one
area may affect businesses which are already
unprofitable or small and which are unlikely to
relocate. Another highway proposal may affect
businesses which are large, which already have
subsidiaries in other suburbs, and which are
likely to simply transfer employees and their
operations to those other suburbs. The effect of
one proposal may be very different to the effect
of another. Secondly, the particular
establishments may differ from 'typical
establishments' within the particular local
government area. Thirdly, the failure to survey
the particular businesses affected, and their
profitability, renders the cost-estimates for
resumption of those businesses suspect indeed. A
small shabby business may be a veritable gold-mine
in terms of profits, whereas a large sparkling
factory may barely have its head above water.
affected (24). The estimate was based upon
Australian Bureau of Statistics figures which
gave the number of employees for 'typical
establishments' within particular industries for
each local government area. The use of those
figures is not adequate. The businesses themselves
ought to have been surveyed for a number of
reasons. First, a highway passing through one
area may affect businesses which are already
unprofitable or small and which are unlikely to
relocate. Another highway proposal may affect
businesses which are large, which already have
subsidiaries in other suburbs, and which are
likely to simply transfer employees and their
operations to those other suburbs. The effect of
one proposal may be very different to the effect
of another. Secondly, the particular
establishments may differ from 'typical
establishments' within the particular local
government area. Thirdly, the failure to survey
the particular businesses affected, and their
profitability, renders the cost-estimates for
resumption of those businesses suspect indeed. A
small shabby business may be a veritable gold-mine
in terms of profits, whereas a large sparkling
factory may barely have its head above water.
5. COMMUNITY FACILITIES WITHIN THE ROAD RESERVATION
5.1 Open Space Areas Resumed
This Report deals with the resumption of open
space in a separate chapter. That chapter also
considers the indirect effect which a road.
facility may have, spoiling the open space which
remains.
space in a separate chapter. That chapter also
considers the indirect effect which a road.
facility may have, spoiling the open space which
remains.
24.
Appendix 6.6, page All Joint Study Report.
-22-
5.2 Resumption of Schools and School Ground
In the past schools were located on main roads.
This is unfortunate for a number of reasons.
First, it exposes children to a higher risk
of road accidents. Secondly, traffic noise is
likely to disturb the fragile concentration of
school children. Thirdly, there may be long
term effects upon the health of children as a
result of exposure to concentrations of lead
pollution. These matters are dealt with in the
chapters dealing with accidents, noise and air
pollution respectively.
This is unfortunate for a number of reasons.
First, it exposes children to a higher risk
of road accidents. Secondly, traffic noise is
likely to disturb the fragile concentration of
school children. Thirdly, there may be long
term effects upon the health of children as a
result of exposure to concentrations of lead
pollution. These matters are dealt with in the
chapters dealing with accidents, noise and air
pollution respectively.
Where a school is located away from the main
road, it is undesirable to redirect traffic in
such a way that it passes the school. It is
even more undesirable to resume part of the
school playground. The Campsie by-pass does
both" It redirects traffic away from the
shopping centre (Beamish Street, Campsie) past
the Harcourt Public School. It takes part of
the playground of that school. These are matters
which must be considered when evaluating the
by-pass proposal.
road, it is undesirable to redirect traffic in
such a way that it passes the school. It is
even more undesirable to resume part of the
school playground. The Campsie by-pass does
both" It redirects traffic away from the
shopping centre (Beamish Street, Campsie) past
the Harcourt Public School. It takes part of
the playground of that school. These are matters
which must be considered when evaluating the
by-pass proposal.
5.3 Resumption of Other Community Facilities
There are three matters which require
consideration. First, whether it is proposed to
replace the community facility which is resumed;
secondly, whether space exists to conveniently
relocate the facility. Thirdly, what
arrangements can be made in the meantime whilst
the facility is being reconstructed.
consideration. First, whether it is proposed to
replace the community facility which is resumed;
secondly, whether space exists to conveniently
relocate the facility. Thirdly, what
arrangements can be made in the meantime whilst
the facility is being reconstructed.
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II PEOPLE AND PROPERTY NOT DISPLACED
BUT INJURIOUSLY AFFECTED
1. THE PROBLEM OF INJURIOUS AFFECTATION
1.1 Objectives and Criteria
The Joint Study Report (25) recites the
following
objectives: -
objectives: -
- improve the amenity of residential
areas; - minimise the extent and adverse
affects of acquisition of housing.
The criteria suggested for the effect on
residential areas include:-
residential areas include:-
- the number of properties affected
by partial acquisition; - the effects on residential amenity
such as changes to adjacent land
and increases in noise levels.
1.2 The Submissions to the Inquiry
The following submission is typical of the many
submissions made to the Inquiry:- (26)
submissions made to the Inquiry:- (26)
"(The Cooks River Option would
have the
significant disadvantage of) a high
number of properties partially acquired.
I think this factor is of more concern
than the number of dwellings totally
resumed. When a home is totally acquired,
the owner receives fair compensation
and a chance to make another home elsewhere.
However, when your home is only partially
acquired, its value depreciates (making
selling unattractive) and you have to
live with a major road on your front or
back door."
significant disadvantage of) a high
number of properties partially acquired.
I think this factor is of more concern
than the number of dwellings totally
resumed. When a home is totally acquired,
the owner receives fair compensation
and a chance to make another home elsewhere.
However, when your home is only partially
acquired, its value depreciates (making
selling unattractive) and you have to
live with a major road on your front or
back door."
Three matters require consideration:-
- First, to what extent are houses adjacent
to the highway facility adversely affected
by it? - Secondly, to what extent (if at all) do
these houses depreciate in value? - Thirdly, what is the law relating to
compensation for persons injuriously
affected?
25. Joint
Study Report, page 7.
26. S.K/C 705, Mr. A. Stewart.
26. S.K/C 705, Mr. A. Stewart.
-24-
There can be no doubt that properties adjacent
to or near the highway are adversely affected by
the presence of the highway, and the traffic it
carries. The chapters dealing with air pollution,
noise, vibration, severance and accidents make
this abundantly clear.
to or near the highway are adversely affected by
the presence of the highway, and the traffic it
carries. The chapters dealing with air pollution,
noise, vibration, severance and accidents make
this abundantly clear.
In the remainder of this chapter the other issues,
relating to real estate values and compensation
for injurious affection, will be examined.
relating to real estate values and compensation
for injurious affection, will be examined.
2. REDUCTION IN REAL ESTATE VALUES
2.7 Difficulty in Demonstrating Reduction in Value
People buy a particular home for a variety of
reasons. It is difficult to isolate one
characteristic (such as traffic) and gauge its
importance in the overall decision. If it were
possible to say that the price of the house was
determined simply by the features of the house and
the amenity of the area, then it would be possible to
demonstrate that two very similar homes located in
different areas (one on a busy highway and one on a
back street) were differently priced because of the
presence of traffic. But the equation, unfortunately,
is not that simple. The availability of finance,
the number of buyers looking for a particular type
of house at any one time, the location of facilities,
and the proximity of schools, are all factors. The
list is endless.
reasons. It is difficult to isolate one
characteristic (such as traffic) and gauge its
importance in the overall decision. If it were
possible to say that the price of the house was
determined simply by the features of the house and
the amenity of the area, then it would be possible to
demonstrate that two very similar homes located in
different areas (one on a busy highway and one on a
back street) were differently priced because of the
presence of traffic. But the equation, unfortunately,
is not that simple. The availability of finance,
the number of buyers looking for a particular type
of house at any one time, the location of facilities,
and the proximity of schools, are all factors. The
list is endless.
Yet the introduction of traffic will, to a greater
or lesser degree, introduce additional noise, air
pollution, the possibility of accidents and
severance from one's neighbours. We all intuitively
fear that this can only operate to devalue the houses.
Is this feeling capable of demonstration?
or lesser degree, introduce additional noise, air
pollution, the possibility of accidents and
severance from one's neighbours. We all intuitively
fear that this can only operate to devalue the houses.
Is this feeling capable of demonstration?
2.2 Attempts to Measure the Loss of Real Estate Value
Certain research was carried out by P. Abelson on
behalf of the Bureau of Transport Economics.
behalf of the Bureau of Transport Economics.
-25-
In a paper entitled "The Impact of Environmental
Factors on Relative House Prices" a study was
made of real estate prices in Marrickville and
Rockdale. The survey was confined to a period
between January 1972 and September 1973 and a
number of houses were rejected from the sample
on the basis of their special features. A total
of 592 houses were included in the calculations
made for Marrickville, and 822 houses for Rockdale
(27). Both areas, to a greater or lesser degree, are
affected by traffic and by aircraft noise.
The survey result was curious. Road traffic was
found to have an effect on house prices in
Marrickville but not in Rockdale. In Marrickville
a quiet house was worth approximately $1,400 more
than a noisy one, which represented about 6% of
the house price. In Rockdale there is no such
difference demonstrated statistically. There were
differences in Rockdale which were dependant upon
environmental factors, and especially whether the
house was built above road level, and whether it had
a good view.
found to have an effect on house prices in
Marrickville but not in Rockdale. In Marrickville
a quiet house was worth approximately $1,400 more
than a noisy one, which represented about 6% of
the house price. In Rockdale there is no such
difference demonstrated statistically. There were
differences in Rockdale which were dependant upon
environmental factors, and especially whether the
house was built above road level, and whether it had
a good view.
The survey, therefore, offers limited support for
the intuitive feeling that real estate values are
dependant upon the presence or absence of traffic.
The matter was also examined at approximately the
same time (July, 1977) in a publication entitled
"Trucks in Suburbs". The study was specifically
concerned with coal trucks in certain residential
suburbs in Newcastle. It examined a number of
possible indicia of disamenity including:- (28)
the intuitive feeling that real estate values are
dependant upon the presence or absence of traffic.
The matter was also examined at approximately the
same time (July, 1977) in a publication entitled
"Trucks in Suburbs". The study was specifically
concerned with coal trucks in certain residential
suburbs in Newcastle. It examined a number of
possible indicia of disamenity including:- (28)
- increased turn-over of houses;
- market value depreciation;
- incidence of property alterations
to minimise disturbance; - increase in the frequency of complaints.
27.
Abelson, page 2.
28. Trucks
in Suburbs, page 45.
-26-
The selection of any one of these factors involved
its own problems. The study selected (29) the
depreciation of real estate values as offering the
most reliable guide to the loss of amenity suffered
by streets subjected to traffic.
its own problems. The study selected (29) the
depreciation of real estate values as offering the
most reliable guide to the loss of amenity suffered
by streets subjected to traffic.
The particular street concerned was Northcott Drive,
which passed through certain Newcastle suburbs.
Before approximately 1967 Northcott Drive carried
light traffic. After 1967 the traffic increased
substantially and included coal trucks. Streets
similar to Northcott Drive were selected as 'controls'.
They were Caroline and Terrence Streets in the same
suburbs. House sales for the period 1962-1973 were
examined and the annual compound growth rates in
property values were calculated. The results were:-
which passed through certain Newcastle suburbs.
Before approximately 1967 Northcott Drive carried
light traffic. After 1967 the traffic increased
substantially and included coal trucks. Streets
similar to Northcott Drive were selected as 'controls'.
They were Caroline and Terrence Streets in the same
suburbs. House sales for the period 1962-1973 were
examined and the annual compound growth rates in
property values were calculated. The results were:-
- Northcott Drive 5.54% per annum increase;
- Caroline and Terrence Streets 6.62% per
annum increase.
This difference would cause a devaluation of about
12% over a period of 12 years. (30) The conclusion
of the study team can be demonstrated by reference
to a graph which is reproduced below:-
12% over a period of 12 years. (30) The conclusion
of the study team can be demonstrated by reference
to a graph which is reproduced below:-
29. Trucks
in Suburbs, page 49.
30. Ibid., Page
51,
-27-
Explaining the graph the report states:- (31)
"When traffic volume becomes
unacceptable,
the rate of growth of house values will
be reduced.. Finally, after a period of
adjustment, property values again
increase at some rate, which may be equal
to houses in other areas. However, average
values are now lower than they would
otherwise have been by an amount measured
by the two lines. This difference, the
"depreciation effect", measures the
potential loss to the property owner on
re-sale, and is a function of the length
of the adjustment period, and the
difference in growth rate over that period."
the rate of growth of house values will
be reduced.. Finally, after a period of
adjustment, property values again
increase at some rate, which may be equal
to houses in other areas. However, average
values are now lower than they would
otherwise have been by an amount measured
by the two lines. This difference, the
"depreciation effect", measures the
potential loss to the property owner on
re-sale, and is a function of the length
of the adjustment period, and the
difference in growth rate over that period."
The conclusion may be attacked upon a number of
grounds. The Inquiry, is nonetheless, prepared to
accept as reasonable the many complaints of
residents that it is likely that their properties
will be devalued to some extent by the proximity
of a new road, and the presence of traffic upon it.
grounds. The Inquiry, is nonetheless, prepared to
accept as reasonable the many complaints of
residents that it is likely that their properties
will be devalued to some extent by the proximity
of a new road, and the presence of traffic upon it.
3. COMPENSATION FOR INJURIOUS AFFECTATION
3.1 The General Principles
Where private development inflicts noise, vibration,
smell or fumes on surrounding land-holders, they
may seek an injunction to restrain the developer
from continuing in the development, and they may seek
damages for nuisance.
smell or fumes on surrounding land-holders, they
may seek an injunction to restrain the developer
from continuing in the development, and they may seek
damages for nuisance.
If a statutory body acting within its powers (as
defined by the statute) produces the same effects,
no injunction is available and no action in nuisance
will lie.
defined by the statute) produces the same effects,
no injunction is available and no action in nuisance
will lie.
With one exception, compensation is not payable for
adverse effects upon property caused by public works
undertaken by Government. The exception arises where
some land is taken by the Government in the execution
of the project. If there is a partial acquisition,
the owner of the property is entitled to claim both
for the land resumed and the adverse effect upon
the land which is still held.
adverse effects upon property caused by public works
undertaken by Government. The exception arises where
some land is taken by the Government in the execution
of the project. If there is a partial acquisition,
the owner of the property is entitled to claim both
for the land resumed and the adverse effect upon
the land which is still held.
31. Ibid.,
page 52.
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These rules are described by the Australian Law
Reform Commission in its recent report "Land
Acquisition and Compensation" (1980) (32) in the
following terms:-
Reform Commission in its recent report "Land
Acquisition and Compensation" (1980) (32) in the
following terms:-
"The present position is
anomalous. It
favours the owner from whom some land
has been taken as against his neighbours
from whom no land is taken, but, who may
be more seriously affected by the work.”
favours the owner from whom some land
has been taken as against his neighbours
from whom no land is taken, but, who may
be more seriously affected by the work.”
In certain cases the owner is also entitled to
compensation for 'severance damage' (33). This
is the depreciation in value of retained land caused
by the loss of the acquired land. It typically arises
when the acquisition of part of an allotment causes
a loss of potential to the remainder, or increases the
cost of using the remainder.
compensation for 'severance damage' (33). This
is the depreciation in value of retained land caused
by the loss of the acquired land. It typically arises
when the acquisition of part of an allotment causes
a loss of potential to the remainder, or increases the
cost of using the remainder.
3.2 Condemnation of the Present Law by Law Reformers
The present law is unfair and has been widely condemned
both in Australia and overseas (34). The Westlake
Committee (35) also condemned the present law as
unfair. It suggested an alternative. The alternative
was modelled upon the English Land Compensation Act,
1973 although it introduced certain important
modifications. In the Draft Bill submitted by the
Committee, provision is made for the Minister to
declare an area adjoining, or in the vicinity of, a
public work (which could include a road) 'an affected
area'. People who own property within that area may
then claim compensation for injurious affection, whether
or not part of their property is resumed. An upper
and lower limit is suggested.
both in Australia and overseas (34). The Westlake
Committee (35) also condemned the present law as
unfair. It suggested an alternative. The alternative
was modelled upon the English Land Compensation Act,
1973 although it introduced certain important
modifications. In the Draft Bill submitted by the
Committee, provision is made for the Minister to
declare an area adjoining, or in the vicinity of, a
public work (which could include a road) 'an affected
area'. People who own property within that area may
then claim compensation for injurious affection, whether
or not part of their property is resumed. An upper
and lower limit is suggested.
32. ALRC
"Land Acquisition and Compensation" Report
No. 14 Page XII.
33. ALRC Report, Page 152, paragraph 284.
34. See the list of Law Reform Reports recommending
replacement legislation cited in the ALRC Report
ibid. page 23, paragraph 49.
35. Report 1978 pages 33-37.
No. 14 Page XII.
33. ALRC Report, Page 152, paragraph 284.
34. See the list of Law Reform Reports recommending
replacement legislation cited in the ALRC Report
ibid. page 23, paragraph 49.
35. Report 1978 pages 33-37.
-29 -
These reforms are presently being considered by
the New South Wales Government. In the meantime
any project must be assessed according to the
law as it presently exists.
the New South Wales Government. In the meantime
any project must be assessed according to the
law as it presently exists.
3.3 Affect Upon Business
The same principles of compensation apply to
businesses. If part of the land occupied by the
business is resumed, the business may claim
compensation for injurious affectation and may
claim, if appropriate, compensation for severance.
If there is no resumption, no compensation is
payable even though the business may be adversely
affected by the presence of the road.
businesses. If part of the land occupied by the
business is resumed, the business may claim
compensation for injurious affectation and may
claim, if appropriate, compensation for severance.
If there is no resumption, no compensation is
payable even though the business may be adversely
affected by the presence of the road.
If the community which previously patronised the
business is cut off, or access is made more
difficult, or if the business was substantially
dependent upon the residents of a particular road
where houses have been resumed, no compensation is
payable even though the profits of the business
may plummet.
business is cut off, or access is made more
difficult, or if the business was substantially
dependent upon the residents of a particular road
where houses have been resumed, no compensation is
payable even though the profits of the business
may plummet.
4. VARIABLES RELEVANT TO THE ASSESSMENT
4.1 Private Property Affected
The particular matters to be taken into account,
in this context, do not differ from the factors
to be taken into account when considering any
adverse consequence arising from the proposed
road:-
in this context, do not differ from the factors
to be taken into account when considering any
adverse consequence arising from the proposed
road:-
- the number of people affected;
- the extent to which they will be
compensated under the present
law. - the extent to which the road
building authority is proposing
measures which will ameliorate the
adverse affects of the road
(installing insulation, altering
design features etc.)
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4.2 Community Property Affected
No compensation is payable to the community
for injurious affectation of community
facilities. Nor do the law reformers suggest
there should be. Indeed, it is hard to imagine
how there could be compensation. The community
must simply suffer the adverse affects of a
road upon its facilities, including open space.
The road, after all, is built because it serves
the public interest. It will be important,
therefore, to consider whether the community
which suffers a degradation of its facilities
(and especially open space) by the proximity of
the road, nonetheless derives an equitable share
of the benefits arising from the road.
for injurious affectation of community
facilities. Nor do the law reformers suggest
there should be. Indeed, it is hard to imagine
how there could be compensation. The community
must simply suffer the adverse affects of a
road upon its facilities, including open space.
The road, after all, is built because it serves
the public interest. It will be important,
therefore, to consider whether the community
which suffers a degradation of its facilities
(and especially open space) by the proximity of
the road, nonetheless derives an equitable share
of the benefits arising from the road.
III PEOPLE NOT DISPLACED BUT INDIRECTLY
AFFECTED
1. EFFECT UPON LOCAL GOVERNMENT AREAS
1.1 The So-called 'Tax Base’ Effect
The community may be disadvantaged in a number
of ways as a result of a highway facility.
It may lose open space. It may also lose part
of its "tax base”. Its tax base is made up of
rate payers. The less houses there are, the
less people pay rates. The Council’s income may
diminish, whereas the services it is required to
provide for its rate-payers do not materially
diminish.
of ways as a result of a highway facility.
It may lose open space. It may also lose part
of its "tax base”. Its tax base is made up of
rate payers. The less houses there are, the
less people pay rates. The Council’s income may
diminish, whereas the services it is required to
provide for its rate-payers do not materially
diminish.
In respect of the present options it has not
been suggested by any of the Local Councils that
their tax base will suffer appreciably. Nor would
the number of resumptions suggest that conclusion
to the Inquiry. However, a situation may arise
where there could be such an effect. The
Johnston's Creek Route, for instance, would have
involved approximately 1,000 homes. Depending
upon their spread between loca1 government areas,
and depending upon the size of those local
government areas, that may have had an appreciable
effect upon the tax base.
been suggested by any of the Local Councils that
their tax base will suffer appreciably. Nor would
the number of resumptions suggest that conclusion
to the Inquiry. However, a situation may arise
where there could be such an effect. The
Johnston's Creek Route, for instance, would have
involved approximately 1,000 homes. Depending
upon their spread between loca1 government areas,
and depending upon the size of those local
government areas, that may have had an appreciable
effect upon the tax base.
1.2 Loss of Open Space
In the chapter of this Report dealing with open
space we also deal with the concept of
'compensatory open space'. The concept suggests
that where open space is taken by a highway
facility, a corresponding amount of open space
should be provided as part of the cost of the road
works. There are a number of ways in which this
can be done. It can be done immediately by
resuming an additional number of houses (36). Or
it can be done over a period of time by acquiring
houses within a designated area whenever they come
on the market (as suggested by the planning and
Environment Commission) (37).
space we also deal with the concept of
'compensatory open space'. The concept suggests
that where open space is taken by a highway
facility, a corresponding amount of open space
should be provided as part of the cost of the road
works. There are a number of ways in which this
can be done. It can be done immediately by
resuming an additional number of houses (36). Or
it can be done over a period of time by acquiring
houses within a designated area whenever they come
on the market (as suggested by the planning and
Environment Commission) (37).
36.
Submission S.K/C 967: Cooks River Advisory Committee.
37. Submission S.K/C 947: Planning and Environment
Commission of New South Wales.
37. Submission S.K/C 947: Planning and Environment
Commission of New South Wales.
IV SEVERANCE
1. DESCRIPTION OF SEVERANCE
1.1 Definition
A road may operate as a barrier to movement.
If it does, the communities on either side will
be severed from each other. The severance may
be physical or it may be ‘psychological'. It
will be physical when the barrier is impassible
or where it operates to inhibit trips. It will
be psychological where people feel cut-off.
If it does, the communities on either side will
be severed from each other. The severance may
be physical or it may be ‘psychological'. It
will be physical when the barrier is impassible
or where it operates to inhibit trips. It will
be psychological where people feel cut-off.
It is proposed that the South Western Option
should be built to freeway standard between
Undercliffe and King Georges Road. Freeway
standard demands that there should be no access
by pedestrians, and controlled access by vehicles.
Person-proof fencing is proposed along the
freeway section of the route. It will form an
impassible barrier. Insofar as there is any
cohesion between the communities on either side
of the valley (a matter which will be examined
separately when evaluating the South Western
Option), the communities will be severed from
each other.
should be built to freeway standard between
Undercliffe and King Georges Road. Freeway
standard demands that there should be no access
by pedestrians, and controlled access by vehicles.
Person-proof fencing is proposed along the
freeway section of the route. It will form an
impassible barrier. Insofar as there is any
cohesion between the communities on either side
of the valley (a matter which will be examined
separately when evaluating the South Western
Option), the communities will be severed from
each other.
Psychological severance may arise despite the
provision of crossings (including bridges and
under-passes). People may still feel ‘cut off’
from areas with which they previously had easy
contact. The Urban Motorways Project Team in
the United Kingdom made the following comment on
this phenomenon (38):
provision of crossings (including bridges and
under-passes). People may still feel ‘cut off’
from areas with which they previously had easy
contact. The Urban Motorways Project Team in
the United Kingdom made the following comment on
this phenomenon (38):
"Local attitude surveys in the
case-
studies have not fully clarified the
strength of these feelings (of psychological
severance), but they do not leave their
existence in doubt. Elevated roads,
particularly when supported on solid
studies have not fully clarified the
strength of these feelings (of psychological
severance), but they do not leave their
existence in doubt. Elevated roads,
particularly when supported on solid
38. Report
of the Urban Motorways Project Team,
page 58.
page 58.
-33-
banks rather than on structures,
will
most often create feelings of this kind,
but these may also arise with wide
free-flowing roads at ground-level...”
most often create feelings of this kind,
but these may also arise with wide
free-flowing roads at ground-level...”
1.2 Importance of Severance to the Community
Often the environmental effects of a new route will
be confined to a narrow band of houses on either
side of the route. This will be so especially where
the proposed route involves the upgrading of an
existing road, or where it passes across semi-flat
terrain. The air pollution, the noise and the visual
intrusion is likely to be substantially confined to
houses which line the route. The effects of
severance, on the other hand, are far more widespread.
The area isolated by the highway may be considerably
larger. Severance for this reason is viewed with some
anguish by the community:- (39)
be confined to a narrow band of houses on either
side of the route. This will be so especially where
the proposed route involves the upgrading of an
existing road, or where it passes across semi-flat
terrain. The air pollution, the noise and the visual
intrusion is likely to be substantially confined to
houses which line the route. The effects of
severance, on the other hand, are far more widespread.
The area isolated by the highway may be considerably
larger. Severance for this reason is viewed with some
anguish by the community:- (39)
"Much of the opposition to
Urban Motorways...
is rooted in fear of change, dislocation
of community and disruption of people's
lives and patterns of movement. Research
(has shown)..to most people's surprise that
'severance’ was a bigger factor than traffic
noise in people's worries about nearby major
road building. "
is rooted in fear of change, dislocation
of community and disruption of people's
lives and patterns of movement. Research
(has shown)..to most people's surprise that
'severance’ was a bigger factor than traffic
noise in people's worries about nearby major
road building. "
It is surprising that severance was not considered in
depth by the Sydney Area Transportation Study (1974).
It was said:- (40)
depth by the Sydney Area Transportation Study (1974).
It was said:- (40)
"Other environmental and sociological
aspects were recognised by the Study but
techniques were not developed to fully
measure or gauge their effect. These aspects
include accessibility, social disruption..
They were excluded primarily because
satisfactory quantitative measures were not
available or they were considered of only
secondary importance in regional study.”
aspects were recognised by the Study but
techniques were not developed to fully
measure or gauge their effect. These aspects
include accessibility, social disruption..
They were excluded primarily because
satisfactory quantitative measures were not
available or they were considered of only
secondary importance in regional study.”
It is an indication of the change in attitude since
the completion of that study, that severance was
given some prominence (and rightly so) in the present
Inquiry. It is not to the point that ‘satisfactory
the completion of that study, that severance was
given some prominence (and rightly so) in the present
Inquiry. It is not to the point that ‘satisfactory
39. Tony Aldous
"Good-bye Britain?” 1975 quoted in
"Evaluation of the Severance Effects or a Proposed
Rapid Transit Corridor” by M.Braddock, 5th ATRF
Forum Papers, page 172.
40. S.A.T.S Volume 2, Chapter V, page 13.
"Evaluation of the Severance Effects or a Proposed
Rapid Transit Corridor” by M.Braddock, 5th ATRF
Forum Papers, page 172.
40. S.A.T.S Volume 2, Chapter V, page 13.
-34-
quantitative measures (are) not available'. In the
nature of things this will always be the case for
many of the impacts of a highway facility, and especially
the environmental impacts. If they are put to one
side because they cannot be quantified, they run the
risk of being neglected or ignored.
nature of things this will always be the case for
many of the impacts of a highway facility, and especially
the environmental impacts. If they are put to one
side because they cannot be quantified, they run the
risk of being neglected or ignored.
1.3 Types of Severance
It is convenient to distinguish two variations on
the same theme. First, there are communities or
facilities which are 'land-locked' by a highway facility.
Secondly, there are communities which are bisected by
a highway facility.
the same theme. First, there are communities or
facilities which are 'land-locked' by a highway facility.
Secondly, there are communities which are bisected by
a highway facility.
The distinction is best explained by example. There
are a number of good examples in the present Inquiry.
The South Western option and the Cooks River option
share a common section of road between General Holmes
Drive, Kyeemagh and Undercliffe. They follow a road
known as Tancred Avenue, Kyeemagh (which will be
substantially upgraded). This road is at right angles to
General Holmes Drive.
are a number of good examples in the present Inquiry.
The South Western option and the Cooks River option
share a common section of road between General Holmes
Drive, Kyeemagh and Undercliffe. They follow a road
known as Tancred Avenue, Kyeemagh (which will be
substantially upgraded). This road is at right angles to
General Holmes Drive.
FIGURE 2.
TANCRED AVENUE, KYEEMAGH
-35-
The upgrading of Tancred Avenue, Kyeemagh will isolate the
community on the northern side (some 91 houses between
Tancred Avenue and the Cooks River). That community will
be ‘land-locked’.
community on the northern side (some 91 houses between
Tancred Avenue and the Cooks River). That community will
be ‘land-locked’.
One of the criteria for judging the severity of severance
(dealt with below) is that of 'substitutability' i.e., the
extent to which the community, which is cut off or separated
by a highway, can geographically orientate itself in some
other direction, looking, for instance, to a different
shopping centre as a substitute for the one which now lies on
the other side of the 'barrier'. In the nature of things, a
land-locked community must penetrate the barrier, at whatever
cost and inconvenience, to maintain contact with facilities
and the wider community.
(dealt with below) is that of 'substitutability' i.e., the
extent to which the community, which is cut off or separated
by a highway, can geographically orientate itself in some
other direction, looking, for instance, to a different
shopping centre as a substitute for the one which now lies on
the other side of the 'barrier'. In the nature of things, a
land-locked community must penetrate the barrier, at whatever
cost and inconvenience, to maintain contact with facilities
and the wider community.
There are many examples of the second type of severance. The
Bexley Road Route furnishes a number of separate examples.
At the present time there is considerable interaction between
residents on either side of Bestic Street, Rockdale.
Bexley Road Route furnishes a number of separate examples.
At the present time there is considerable interaction between
residents on either side of Bestic Street, Rockdale.
FIGURE 3.
BESTIC STREET, ROCKDALE
-36-
That interaction may be inhibited or substantially
prevented (e.g., between children) if Bestic Street
is transformed from a residential street into a
major highway facility. The inhibition may not be
confined (and usually would not be confined) to
Bestic Street itself. It may extend back in both
directions. There may be facilities on either side
of Bestic Street which the respective communities can
substitute for those which previously caused them to
cross the road. To the extent that there are facilities,
severance is not likely to be as severe.
prevented (e.g., between children) if Bestic Street
is transformed from a residential street into a
major highway facility. The inhibition may not be
confined (and usually would not be confined) to
Bestic Street itself. It may extend back in both
directions. There may be facilities on either side
of Bestic Street which the respective communities can
substitute for those which previously caused them to
cross the road. To the extent that there are facilities,
severance is not likely to be as severe.
Severance is not confined to communities. It extends
to facilities. There have been many Submissions which
have suggested that parks lying on the other side of a
busy road will become inaccessible and unsuitable to
the very people who may derive benefit from them, namely
children. Calculations which compare the open space
taken, and that substituted after the highway construction,
are really very misleading, so it is said. There is a
qualitative change in that which remains, brought about
by the highway. If there is a change, it is the result
of severance.
to facilities. There have been many Submissions which
have suggested that parks lying on the other side of a
busy road will become inaccessible and unsuitable to
the very people who may derive benefit from them, namely
children. Calculations which compare the open space
taken, and that substituted after the highway construction,
are really very misleading, so it is said. There is a
qualitative change in that which remains, brought about
by the highway. If there is a change, it is the result
of severance.
1.4 'Building Down the Cracks’
It is suggested that severance can be substantially
avoided by 'building down the cracks'. In any
community there will be major physical barriers, both
natural and man-made. These barriers will in any event
operate to sever communities. If highway facilities
are confined to these barriers, the severance will be
no worse.
avoided by 'building down the cracks'. In any
community there will be major physical barriers, both
natural and man-made. These barriers will in any event
operate to sever communities. If highway facilities
are confined to these barriers, the severance will be
no worse.
The East Hills railway line operates as a man-made
barrier to movement. It can be crossed by pedestrians
and vehicles at a limited number of points. The South
Western Option (at least as far as King Georges Road)
follows the railway line and preserves the existing
road crossings. The severance, it is suggested,
will be no worse than exists already.
barrier to movement. It can be crossed by pedestrians
and vehicles at a limited number of points. The South
Western Option (at least as far as King Georges Road)
follows the railway line and preserves the existing
road crossings. The severance, it is suggested,
will be no worse than exists already.
-37-
Further, the valley through which the option runs
(and through which the railway runs) itself operates
to sever the community on one side (the Municipality
of Canterbury) from the community on the other
(Municipalities of Rockdale, Kogarah and Hurstville).
(and through which the railway runs) itself operates
to sever the community on one side (the Municipality
of Canterbury) from the community on the other
(Municipalities of Rockdale, Kogarah and Hurstville).
The second illustration underlines the difficulties
which can arise in pursuing a philosophy of 'building
down the cracks'. The alignment for the Cooks River
and South Western options deviates from the embankment
of the Cooks River (which it might have followed) and
instead proceeds along Tancred Avenue with the effect
that a community of 91 houses at Kyeemagh is land-locked
(see Figure 2) . By following the Cooks River no
houses would have been severed from their fellows. There
would, nonetheless, have been severance of a different
kind. To gain access to the river bank, it would be
necessary to cross the proposed route. The river bank,
at this point, is extensively used as a boat ramp. A
large parking area has been recently constructed by the
Rockdale Council to service the boat ramp. Which is the
worse: to sever the general public from a boat ramp
which is extensively used and is obviously a valuable
community asset; or to sever a community of 91 houses
from the remainder of Kyeemagh?
which can arise in pursuing a philosophy of 'building
down the cracks'. The alignment for the Cooks River
and South Western options deviates from the embankment
of the Cooks River (which it might have followed) and
instead proceeds along Tancred Avenue with the effect
that a community of 91 houses at Kyeemagh is land-locked
(see Figure 2) . By following the Cooks River no
houses would have been severed from their fellows. There
would, nonetheless, have been severance of a different
kind. To gain access to the river bank, it would be
necessary to cross the proposed route. The river bank,
at this point, is extensively used as a boat ramp. A
large parking area has been recently constructed by the
Rockdale Council to service the boat ramp. Which is the
worse: to sever the general public from a boat ramp
which is extensively used and is obviously a valuable
community asset; or to sever a community of 91 houses
from the remainder of Kyeemagh?
A further word of caution should be uttered in respect
of the philosophy of 'building down the cracks'. In some
cases it will dampen, if not eliminate, such contact as
there is between adjacent communities:- (41)
of the philosophy of 'building down the cracks'. In some
cases it will dampen, if not eliminate, such contact as
there is between adjacent communities:- (41)
"If, for example, a new road
almost 40
metres wide is placed beside an existing
railway cutting 30 metres across, then
the combined crossing distance for
pedestrians,...will be substantial, even
though journey-lengths do not increase.
In such circumstances, pedestrian habits
will already have been influenced by
the presence of the railway, which despite
its familiarity, will have done something
metres wide is placed beside an existing
railway cutting 30 metres across, then
the combined crossing distance for
pedestrians,...will be substantial, even
though journey-lengths do not increase.
In such circumstances, pedestrian habits
will already have been influenced by
the presence of the railway, which despite
its familiarity, will have done something
41. Report
of the Urban Motorways Project Team,
page 56.
page 56.
-38-
to diminish cross movements. In
the new situation, however, whatever
movements across the railway had
persisted might well be deterred by the
combined width of road and rail."
1.5 Severance Caused by Construction
It is necessary to separately consider the
effects which the construction of a road may have
upon the community. Once the road has been
constructed, a number of features may be
incorporated into the design to ameliorate the
severance effects, including overhead bridges,
pedestrian crossings or even subways. However,
pending completion of the highway and these
facilities, the severance may be severe unless care
is taken to ensure that adequate vehicular and
pedestrian access is maintained.
effects which the construction of a road may have
upon the community. Once the road has been
constructed, a number of features may be
incorporated into the design to ameliorate the
severance effects, including overhead bridges,
pedestrian crossings or even subways. However,
pending completion of the highway and these
facilities, the severance may be severe unless care
is taken to ensure that adequate vehicular and
pedestrian access is maintained.
2. JUDGING THE SEVERITY OP SEVERANCE
2.1 Community Cohesion
In a large metropolitan area such as Sydney is it
appropriate to talk of communities? Is it the case,
on the other hand, that people have something to
do with their neighbours on either side, and
perhaps one or two people in the same street, but
hardly join hands with the entire local population
on any occasion, or any issue? Sadly the
description which the Urban Motorways Project
Team gave in the United Kingdom to urban
communities existing there, applies equally in
Sydney. They say:- (42)
appropriate to talk of communities? Is it the case,
on the other hand, that people have something to
do with their neighbours on either side, and
perhaps one or two people in the same street, but
hardly join hands with the entire local population
on any occasion, or any issue? Sadly the
description which the Urban Motorways Project
Team gave in the United Kingdom to urban
communities existing there, applies equally in
Sydney. They say:- (42)
"Most urban communities are to
some extent
amorphous. They often have well-defined
suburban shopping and entertainment
centres; but at their residential edges
they blur gradually into the next
community unless separated from it by
major physical barriers such as railways,
rivers, canals, large open spaces, or
belts of land put into industrial or
rather non-residential uses."
amorphous. They often have well-defined
suburban shopping and entertainment
centres; but at their residential edges
they blur gradually into the next
community unless separated from it by
major physical barriers such as railways,
rivers, canals, large open spaces, or
belts of land put into industrial or
rather non-residential uses."
Given the relative isolation and anonymity of
urban community life nowadays, is it overstating
urban community life nowadays, is it overstating
42. Urban
Motorways Project Team, page 56.
-39-
the case to suggest that “communities” are
bisected? Should attention, rather, be
directed at land-locked households or neighbours
who are separated by a highway facility?
Whilst there is no longer that degree of
community cohesion which was evident in village
life in days gone by, and which may still be
evident in country life today, it is nonetheless
true that there are pockets within a
residential area which do have a strong sense of
community, and which will be severely disrupted
if bisected by a highway facility. There have
been manifestations of this cohesion in the
many submissions made to this Inquiry.
community cohesion which was evident in village
life in days gone by, and which may still be
evident in country life today, it is nonetheless
true that there are pockets within a
residential area which do have a strong sense of
community, and which will be severely disrupted
if bisected by a highway facility. There have
been manifestations of this cohesion in the
many submissions made to this Inquiry.
The sense of community is most obvious, perhaps,
in the case of immigrants. Many settle in the
same area as their compatriots. Within that
area interaction is strengthened by marriage,
by attending the same churches and clubs, and by
other services provided to the community to meet
its needs, including shops, restaurants, foreign
language newspapers and so on. To bisect that
community and separate those people from their
kin, and from such facilities, is likely to
cause severe dislocation.
in the case of immigrants. Many settle in the
same area as their compatriots. Within that
area interaction is strengthened by marriage,
by attending the same churches and clubs, and by
other services provided to the community to meet
its needs, including shops, restaurants, foreign
language newspapers and so on. To bisect that
community and separate those people from their
kin, and from such facilities, is likely to
cause severe dislocation.
Immigrants furnish an obvious example. They
are by no means the only example. There is a
strong sense of community in Paddington,
resting partly on the distinctive terrace houses
to be found there, and partly, perhaps, upon the
class of people who now inhabit those houses.
There are many other examples of communities
whose cohesion depends largely upon the
distinctive features (man-made or natural) to be
found within the community boundaries.
are by no means the only example. There is a
strong sense of community in Paddington,
resting partly on the distinctive terrace houses
to be found there, and partly, perhaps, upon the
class of people who now inhabit those houses.
There are many other examples of communities
whose cohesion depends largely upon the
distinctive features (man-made or natural) to be
found within the community boundaries.
There are communities created by the proximity
of a common source of employment. The suburb of
Malabar has a high proportion of its residents
employed as prison officers at the Long Bay
-40-
Penitentiary. One may expect a higher degree
of community cohesion within that community
than found elsewhere.
of community cohesion within that community
than found elsewhere.
2.2 Inquiry's Concern Over Absence of Investigation
Whether it be right or wrong to assume a strong
sense of community cohesion in these examples,
clearly it is an important issue which must be
investigated when superimposing a highway facility
upon an established community. Whilst it has
been acknowledged as an issue in this Inquiry
(which is something of an advance on the Sydney
Area Transportation Study), it has not been examined
in depth. The only research carried out was certain
pedestrian counts across bridges within the Wolli
Creek and the Cooks River Valleys. Clearly that
is not enough.
sense of community cohesion in these examples,
clearly it is an important issue which must be
investigated when superimposing a highway facility
upon an established community. Whilst it has
been acknowledged as an issue in this Inquiry
(which is something of an advance on the Sydney
Area Transportation Study), it has not been examined
in depth. The only research carried out was certain
pedestrian counts across bridges within the Wolli
Creek and the Cooks River Valleys. Clearly that
is not enough.
What should have been done? The clue is given in
the very valuable commentary by the Urban Motorways
Project Team in the United Kingdom:- (43)
the very valuable commentary by the Urban Motorways
Project Team in the United Kingdom:- (43)
"How far special survey work
would
also be desirable will vary. At the
route selection stage, however, while
thinking remains relatively open
ended, what is relevant is the
extent and the cohesion of
communities, the places where sense
of local identity is weak or strong,
and the major trends in movement
especially pedestrian movement
for work, shopping, education and
other purposes. Capacity for
resilience is another factor....
Some highway lines will offer better
prospects of..adjustment than
others."
also be desirable will vary. At the
route selection stage, however, while
thinking remains relatively open
ended, what is relevant is the
extent and the cohesion of
communities, the places where sense
of local identity is weak or strong,
and the major trends in movement
especially pedestrian movement
for work, shopping, education and
other purposes. Capacity for
resilience is another factor....
Some highway lines will offer better
prospects of..adjustment than
others."
The Cumberland Scheme identified a particular
alignment for the 'Kyeemagh-Chullora Road'. The
alignment followed Tancred Avenue, Kyeemagh. The
Cooks River Option (and for that matter the
South Western Option) chose to follow the same
alignment for the 'Kyeemagh-Chullora Road'. The
alignment followed Tancred Avenue, Kyeemagh. The
Cooks River Option (and for that matter the
South Western Option) chose to follow the same
43. Urban
Motorways Project Team, page 56.
alignment. There are good reasons for doing
so, in view of the existence of a corridor.
However, that alignment causes 'severance' to some
91 houses between Tancred Avenue and the southern
bank of the Cooks River. In selecting that
alignment, the severity of the effect upon those
houses should have been judged by survey work aimed
at uncovering community cohesion, if it existed.
so, in view of the existence of a corridor.
However, that alignment causes 'severance' to some
91 houses between Tancred Avenue and the southern
bank of the Cooks River. In selecting that
alignment, the severity of the effect upon those
houses should have been judged by survey work aimed
at uncovering community cohesion, if it existed.
What are the indicia of community cohesion? A
number of attempts have been made to identify the
relevant factors.
number of attempts have been made to identify the
relevant factors.
2.3 The Mobility Index
In the United States research has been conducted in
California and Washington, into the extent to which
residential stability can be equated with community
cohesion. It is assumed that communities which are
more stable are likely to be more severely affected by
a highway facility. Stability is judged according
to a 'mobility index' which is based upon the
percentage of owner-occupied houses, single family
residences, and people in the same house for over
five years. It is said 'the index appears to be
a good indicator of neighbourhood solidarity or
stability'.
California and Washington, into the extent to which
residential stability can be equated with community
cohesion. It is assumed that communities which are
more stable are likely to be more severely affected by
a highway facility. Stability is judged according
to a 'mobility index' which is based upon the
percentage of owner-occupied houses, single family
residences, and people in the same house for over
five years. It is said 'the index appears to be
a good indicator of neighbourhood solidarity or
stability'.
It seems to this Inquiry, however, the concept has
limited value. It is doubtful that habits of
isolation will be broken simply by time. If the
community is drawn together because of common
country of origin (as with immigrants), or a common
interest in a particular unique area (as with
Paddington) or because of a particular employer
(as with Malabar) or for some other reason, then the
sense of cohesion is comprehensible and identifiable.
Time of itself is not a powerful cohesive force.
limited value. It is doubtful that habits of
isolation will be broken simply by time. If the
community is drawn together because of common
country of origin (as with immigrants), or a common
interest in a particular unique area (as with
Paddington) or because of a particular employer
(as with Malabar) or for some other reason, then the
sense of cohesion is comprehensible and identifiable.
Time of itself is not a powerful cohesive force.
However, certain students at the University of
Sydney (completing a course with the Department of
Town and Country Planning) researched this very issue
in the case of the community between Bestic street
Sydney (completing a course with the Department of
Town and Country Planning) researched this very issue
in the case of the community between Bestic street
-42-
and the southern bank of the Cooks River. In
an unpublished paper entitled “Social Impact
Assessment of the Proposed Kyeemagh-Chullora Road”(44)
they disclosed that approximately 67% of
residents have lived in the area more than five years
and as many as 40% had lived there more than sixteen
years. From extensive home interviews they gained
the distinct impression that there was a strong
sense of ‘community’ within the area.
an unpublished paper entitled “Social Impact
Assessment of the Proposed Kyeemagh-Chullora Road”(44)
they disclosed that approximately 67% of
residents have lived in the area more than five years
and as many as 40% had lived there more than sixteen
years. From extensive home interviews they gained
the distinct impression that there was a strong
sense of ‘community’ within the area.
2.4 ‘Neighbourhood Social Interaction Index’
In the United States a further index has been
developed known as the ‘Neighbourhood Social
Interaction Index'. It endeavours to identify
neighbourhood behaviour and neighbourhood perception.
This is done by both observation and interview.
Neighbourhood 'behaviour' involves the use of local
facilities and participation in activities with one’s
neighbours, whereas ‘perception' is the subjective
view which each person has about his/her neighbourhood
and whether he (she) identifies with it, and feels
a commitment to it.
developed known as the ‘Neighbourhood Social
Interaction Index'. It endeavours to identify
neighbourhood behaviour and neighbourhood perception.
This is done by both observation and interview.
Neighbourhood 'behaviour' involves the use of local
facilities and participation in activities with one’s
neighbours, whereas ‘perception' is the subjective
view which each person has about his/her neighbourhood
and whether he (she) identifies with it, and feels
a commitment to it.
Certainly an assessment of community cohesion could
be made with far greater assurance if information of
this sort were available. The likely disruption from
a highway facility could the more readily be inferred.
be made with far greater assurance if information of
this sort were available. The likely disruption from
a highway facility could the more readily be inferred.
2.5 The 'Social Feasibility Model’
The social feasibility model (45) endeavours to
isolate the neighbourhood characteristics which are
thought to be important to community cohesion.
isolate the neighbourhood characteristics which are
thought to be important to community cohesion.
They are:-
- household size and income
- proportion of young and old
- car ownership
- length of time of current residence
- ethnic composition
44. Study
by Andrew Chan, Jacqueline French, Charles
Ouma-Machio and David Rollinson.
45. Social and Economic Effects of Highways (USA) 1974
page 39.
Ouma-Machio and David Rollinson.
45. Social and Economic Effects of Highways (USA) 1974
page 39.
-43-
The model involves three phases:-
(a) an examination of the physical
constraints within an area;(b) the collection of information on
activity patterns to identify which
facilities are used by local residents;(c) an examination of pedestrian dependency.
The expectation is that those areas where
people travel by foot to various destinations
will cope less well with the superimposition of
a highway facility than those which are less
'pedestrian dependant’. The combination of factors,
which will indicate a particular reaction to a
highway facility, is as follows:- (46)
people travel by foot to various destinations
will cope less well with the superimposition of
a highway facility than those which are less
'pedestrian dependant’. The combination of factors,
which will indicate a particular reaction to a
highway facility, is as follows:- (46)
"Low density suburban neighbourhoods
- in which
pedestrian dependancy is low, automobile
ownership high, and most activity patterns of
the residents are outside the neighbourhood
have high expressway tolerance; while high
density, inner-city neighbourhoods with high
pedestrian dependancy, low automobile
ownership and mostly neighbourhood centred
activities are not socially feasible for an
expressway”.
pedestrian dependancy is low, automobile
ownership high, and most activity patterns of
the residents are outside the neighbourhood
have high expressway tolerance; while high
density, inner-city neighbourhoods with high
pedestrian dependancy, low automobile
ownership and mostly neighbourhood centred
activities are not socially feasible for an
expressway”.
It seems to be common ground that severance will
be most severely felt by pedestrians. The Report
of the Urban Motorways Project Team says:- (47)
be most severely felt by pedestrians. The Report
of the Urban Motorways Project Team says:- (47)
"Pedestrians will, of course,
be more vulnerable
both to the inconvenience caused by detours
and to difficulty in negotiating some of the
crossings provided.”
both to the inconvenience caused by detours
and to difficulty in negotiating some of the
crossings provided.”
The need to circumnavigate a barrier may inhibit
trip-making by pedestrians or cyclists. It is
unlikely to do so in the case of motor vehicles.
For a car driver the additional distance is
trip-making by pedestrians or cyclists. It is
unlikely to do so in the case of motor vehicles.
For a car driver the additional distance is
46. S.
Snook (1975) quoted in the unpublished
thesis of Judith Waugh “The Impact of a
Freeway on Local Movement Patterns: A Case
Study of Naremburn” page 35.
thesis of Judith Waugh “The Impact of a
Freeway on Local Movement Patterns: A Case
Study of Naremburn” page 35.
47. Page
56.
-44-
relatively effortless, though it may be an
irritant and it may be expensive, in terms of
fuel and time. It is interesting that the research
surveys conducted by Ms. Judith Waugh, concerning
the residents of Naremburn, showed that pedestrians
rated walking time savings or losses as important (48)
unlike the drivers of motor vehicles. It is
one thing to incur a time penalty; it is quite
another to incur that penalty whilst having to expend
additional effort in walking.
irritant and it may be expensive, in terms of
fuel and time. It is interesting that the research
surveys conducted by Ms. Judith Waugh, concerning
the residents of Naremburn, showed that pedestrians
rated walking time savings or losses as important (48)
unlike the drivers of motor vehicles. It is
one thing to incur a time penalty; it is quite
another to incur that penalty whilst having to expend
additional effort in walking.
2.6 The Concept of Substitutability
Ellis in 1968 (49) coined the expression
"Residential Linkage" to refer to the ties which
exist between a household and the various facilities
visited from time to time by members of that
household. The degree to which a household (and
the community of households) will react adversely to
the building of a major road, will depend upon a
number of factors, especially the extent to which
other destinations can be substituted for those cut
off by the highway facility.
"Residential Linkage" to refer to the ties which
exist between a household and the various facilities
visited from time to time by members of that
household. The degree to which a household (and
the community of households) will react adversely to
the building of a major road, will depend upon a
number of factors, especially the extent to which
other destinations can be substituted for those cut
off by the highway facility.
Ms. Judith Waugh surveyed the residents of Naremburn.
A number of shops in the Naremburn Shopping Centre
had been demolished to make way for the freeway.
The range of goods and services offered by that
shopping centre was less after the freeway was built
than before. As a result of her survey she
concluded:- (50)
A number of shops in the Naremburn Shopping Centre
had been demolished to make way for the freeway.
The range of goods and services offered by that
shopping centre was less after the freeway was built
than before. As a result of her survey she
concluded:- (50)
"50% of households indicated
that they
shopped in Naremburn more often prior
to freeway development. The pre-freeway
usage level of both the Catholic and
Church of England churches revealed less
variability over time; only 154 of
respondants have reduced their trip
frequency to these sites."
shopped in Naremburn more often prior
to freeway development. The pre-freeway
usage level of both the Catholic and
Church of England churches revealed less
variability over time; only 154 of
respondants have reduced their trip
frequency to these sites."
48. Judith
Waugh, ibid. page 59.
49.
"Towards Measurement of the Community
Consequences of Urban Freeways", Highway Research
Record 229 page 42.
Consequences of Urban Freeways", Highway Research
Record 229 page 42.
50. Judith
Waugh, ibid. page 56.
-45-
In the eyes of the community severed from the
Naremburn Shopping Centre a substitute could be
found. Ties to the local church, however, meant
that the inconvenience of a detour had to be
tolerated, because no adequate substitute existed.
Naremburn Shopping Centre a substitute could be
found. Ties to the local church, however, meant
that the inconvenience of a detour had to be
tolerated, because no adequate substitute existed.
2.7 The Isolation of Emergency Services
When an area is land-locked and access to the area
is difficult, as it may be where there are
continuous median strips, the community may be
disadvantaged in the provision of emergency services.
In the present Inquiry this does not appear to be a
factor.
is difficult, as it may be where there are
continuous median strips, the community may be
disadvantaged in the provision of emergency services.
In the present Inquiry this does not appear to be a
factor.
2.8 The Nature of the Transition of the Neighbourhood by means of the Highway Facility
There is a distinction between imposing a new and
substantial highway facility where no such facility
presently exists, and widening a road which already
has an important place in the Metropolitan network.
The Sydney Area Transportation Study (1974) (51)
lamented the opposition which was then being
manifested to the major highway proposals it was
making. The opposition was a 'fairly recent
development' which they ascribed inter alia to the
fact that previous road proposals had been in the
nature of road widening, involving only a fraction
of the width necessary for a major modern highway.
substantial highway facility where no such facility
presently exists, and widening a road which already
has an important place in the Metropolitan network.
The Sydney Area Transportation Study (1974) (51)
lamented the opposition which was then being
manifested to the major highway proposals it was
making. The opposition was a 'fairly recent
development' which they ascribed inter alia to the
fact that previous road proposals had been in the
nature of road widening, involving only a fraction
of the width necessary for a major modern highway.
In the present Inquiry there has been evidence
concerning the widening of Canterbury Road.
Canterbury Road between King Georges Road and
Punchbowl Road is substantially a four-lane highway
even though it is a major artery. Because it is a
major artery a degree of severance exists already
between communities on either side of the highway.
If that road were widened to six lanes, the severance
would not be likely to be substantially greater. The
introduction of a four-lane highway to Tancred
Avenue, on the other hand, in place of a residential
street, is likely to have a dramatic and substantial
impact.
concerning the widening of Canterbury Road.
Canterbury Road between King Georges Road and
Punchbowl Road is substantially a four-lane highway
even though it is a major artery. Because it is a
major artery a degree of severance exists already
between communities on either side of the highway.
If that road were widened to six lanes, the severance
would not be likely to be substantially greater. The
introduction of a four-lane highway to Tancred
Avenue, on the other hand, in place of a residential
street, is likely to have a dramatic and substantial
impact.
51. SATS
Volume 2, Chapter VII, page 40.
-46-
2.9 Opportunities to Reduce Severance
It should not be assumed that the introduction of
a highway facility will necessarily render a
community worse off. The reverse may be the case
especially where the highway is 'built down the
cracks'. An example is given by Ms. M. Braddock (52)
concerning a facility proposed in Adelaide-
The following is said:-
a highway facility will necessarily render a
community worse off. The reverse may be the case
especially where the highway is 'built down the
cracks'. An example is given by Ms. M. Braddock (52)
concerning a facility proposed in Adelaide-
The following is said:-
"The existing street pattern
tends to
channel people towards the reserve, which
is hard to cross because of the terrain and
lack of formed footpaths. People therefore
detour around the reserve for access to
the shops and other facilities from the
east, and for access to the primary
school from the west. Access to the
facilities can thus be improved through
construction of crossings at the points
indicated (on a map)..."
channel people towards the reserve, which
is hard to cross because of the terrain and
lack of formed footpaths. People therefore
detour around the reserve for access to
the shops and other facilities from the
east, and for access to the primary
school from the west. Access to the
facilities can thus be improved through
construction of crossings at the points
indicated (on a map)..."
In the present Inquiry the options do not disclose
any opportunities for improving access. The extent
to which options impede access and bring about
severance, will be examined in the evaluation of
each option.
any opportunities for improving access. The extent
to which options impede access and bring about
severance, will be examined in the evaluation of
each option.
3. THE EFFECTS OF SEVERANCE
3.1 Does it Affect Health?
Preventative medicine seeks to reinforce social
interaction within a particular community.
Individuals are able to seek solace and assistance
from their neighbours, and to respond to the needs of
their neighbours in the same way. Any disruption to
social interaction is likely to disrupt the
‘support system' upon which the community's health
is, in part, dependant. The Health Commission of
New South Wales in its submission stated:- (53)
interaction within a particular community.
Individuals are able to seek solace and assistance
from their neighbours, and to respond to the needs of
their neighbours in the same way. Any disruption to
social interaction is likely to disrupt the
‘support system' upon which the community's health
is, in part, dependant. The Health Commission of
New South Wales in its submission stated:- (53)
52. Ms. M.
Braddock ibid. page 179.
53. Health
Commission of N.S.W. S.K/C 342 page 16
quoting J. Burkhardt and Shaffer (1972): Social
and Psychological Impacts of Transportation
Improvements; Transportation (i) (ii) pages
206-222.
quoting J. Burkhardt and Shaffer (1972): Social
and Psychological Impacts of Transportation
Improvements; Transportation (i) (ii) pages
206-222.
-47-
"The impact of a transportation
facility
will not only affect the people displaced
and the people remaining within the
immediate distance, but it has been
established that the degree of social
disorientation which results from the
imposition of such a facility upon a
neighbourhood, is directly related to the
strength of the interactive ties within
the neighbourhood interactive ties with
people, institutions and businesses
(Burkhardt et al 1972)".
will not only affect the people displaced
and the people remaining within the
immediate distance, but it has been
established that the degree of social
disorientation which results from the
imposition of such a facility upon a
neighbourhood, is directly related to the
strength of the interactive ties within
the neighbourhood interactive ties with
people, institutions and businesses
(Burkhardt et al 1972)".
The same submission refers to a study by Henderson,
in the British Journal of Psychiatry (54), which
found that when community support was lacking,
psychiatric and medical morbidity (i.e., disease)
rates in the community increase.
in the British Journal of Psychiatry (54), which
found that when community support was lacking,
psychiatric and medical morbidity (i.e., disease)
rates in the community increase.
3.2 Effect Will be Greatest on Pedestrians and Upon
Certain Facilities
Certain Facilities
The preceding section sought to establish that the
greatest effect of severance would be felt by
pedestrians. Who are the pedestrians? They are the
young, the poor, the handicapped, the carless, and
the elderly. The introduction of a highway facility
is likely to isolate the elderly. It is likely to
increase the incidence of motor vehicle accidents to
the elderly, and to children, even if crossing
facilities are provided.
greatest effect of severance would be felt by
pedestrians. Who are the pedestrians? They are the
young, the poor, the handicapped, the carless, and
the elderly. The introduction of a highway facility
is likely to isolate the elderly. It is likely to
increase the incidence of motor vehicle accidents to
the elderly, and to children, even if crossing
facilities are provided.
3.3 Communities' Capacity for Resilience
The Urban Motorways project Team made the following
observation:- (55)
observation:- (55)
"Capacity for resilience is
another
relevant factor, since communities
or neighbourhoods will ‘adjust' with
the passage of time or the impact of
relevant factor, since communities
or neighbourhoods will ‘adjust' with
the passage of time or the impact of
54. Health Commission
of N.S.W. submission ibid. page 16
quoting S. Henderson: The Social Network, Support and
Neurosis; British Journal of Psychiatry (1977) 131:185-
191.
55. Urban Motorways Project Team Report, page 56.
quoting S. Henderson: The Social Network, Support and
Neurosis; British Journal of Psychiatry (1977) 131:185-
191.
55. Urban Motorways Project Team Report, page 56.
-48-
redevelopment. Some highway lines
will offer better prospects of such
adjustment than others".
will offer better prospects of such
adjustment than others".
The Health Commission of New South Wales in its
submission (56) catalogues the factors which will
determine, or influence, a community's capacity to
adjust either to displacement, or disorientation
induced by severance. The relevant variables are:-
submission (56) catalogues the factors which will
determine, or influence, a community's capacity to
adjust either to displacement, or disorientation
induced by severance. The relevant variables are:-
- migrant communities (overseas born)
- handicapped
- those receiving a pension
- those persons not in the workforce
and hence more likely to be dependant
upon local community ties for
interaction and support - the unemployed
- the poor or relatively poor
- the carless
Using figures from Australian Bureau of Statistics
for 1976 they produce Table 1 contrasting the
proportion of people in each of these categories
with the Sydney average.
for 1976 they produce Table 1 contrasting the
proportion of people in each of these categories
with the Sydney average.
56. S.K/C
342 Submission Health Commission of New
South Wales, page 16.
South Wales, page 16.
-49-
TABLE 1.
SOCIO-ECONOMIC
CHARACTERISTICS OF STUDY AREA
Indicators
|
Study Area
|
Sydney Statistical Division
|
||
No.
|
%
|
No.
|
%
|
|
Overseas
born
|
120,156
|
29
|
736,754
|
24
|
Handicapped
|
20,901
|
5
|
148,903
|
5
|
Receiving
pensions
|
76,358
|
19
|
496,672
|
16
|
Not in
Labour Force
|
215,040
|
52
|
1,618,073
|
54
|
Total Persons
|
413,501
|
100
|
3,021,979
|
100
|
Unemployed
(of work force)
|
9,770
|
5
|
67,787
|
5
|
Annual
personal income $8,000 (of pop. 15+ years
|
239,253
|
75
|
1,612,848
|
71
|
Total employed people
|
188,692
|
100
|
1,336,118
|
100
|
Motor
vehicles parked at occupied private dwellings:
|
||||
None
|
35,202
|
25
|
199,864
|
21
|
1
|
||||
More than 1
|
30,170
|
21
|
268,526
|
28
|
Not stated
|
6,764
|
5
|
44,772
|
5
|
Total
|
140,848
|
100
|
972,826
|
100
|
To these statistics can be added two further statistics:
- the same municipalities have a high
proportion of aged persons (57) - and a high proportion of pre-school
aged children especially in Marrickville
and Canterbury (58)
In short, the municipalities affected by the various
options have more people than the Sydney average in
almost every category which is vulnerable. The
expectation is that these municipalities will be
more vulnerable to severance than elsewhere in Sydney.
57. Canterbury
Health Advisory Committee Report on
Age 1977.
58. Planning and Environment Commission Report 1978,
page 17.
Age 1977.
58. Planning and Environment Commission Report 1978,
page 17.
-50-
4. AMELIORATION OF SEVERANCE
4.1 Abandoning an Option Which Causes Severe Severance
in Favour of One Which Does Not
in Favour of One Which Does Not
Each option must be assessed for its ability to
meet the transport, planning, social and
environmental objectives. It will be rare for
one option to satisfy all criteria. Inevitably
a choice has to be made. The choice will reflect
a judgement on the importance to be attached to
the failure of the chosen option to meet certain
of the criteria, or meet them as well as certain
other options. In some cases investigation may
show that the severance effects induced by a
highway may be so severe as to warrant the
abandonment of that option even though it may
satisfy other criteria.
meet the transport, planning, social and
environmental objectives. It will be rare for
one option to satisfy all criteria. Inevitably
a choice has to be made. The choice will reflect
a judgement on the importance to be attached to
the failure of the chosen option to meet certain
of the criteria, or meet them as well as certain
other options. In some cases investigation may
show that the severance effects induced by a
highway may be so severe as to warrant the
abandonment of that option even though it may
satisfy other criteria.
4.2 Alteration of Alignment
More often than not the location of the route can
be pushed and pulled in this direction and that
to better satisfy the criteria, by causing less
severance in one location than it did in another.
Ms. Waugh is critical of the way in which the
Warringah Freeway 'disemboweled' the suburb of
Naremburn. She says:- (59)
be pushed and pulled in this direction and that
to better satisfy the criteria, by causing less
severance in one location than it did in another.
Ms. Waugh is critical of the way in which the
Warringah Freeway 'disemboweled' the suburb of
Naremburn. She says:- (59)
"..The area that was previously “close
to the centre of Naremburn..has
subsequently been isolated due to the
freeway construction (and) is associated
with greatest levels of disruption for
those residents who are pedestrian
dependant. Poor planning has resulted
in the formation of this land-locked
area, from which exit is difficult.
Had the freeway been located along an
existing discontinuity in a landscape
(for example, adjacent to a railway
line, through open space or along in
existing transport corridor), instead.
of bisecting an established residential
area, the disruptive effects on local
movement would be minimised."
59. Ms.
Judith Waugh, ibid. page 64 .
-51-
In the course of this chapter we have discussed
a similar issue: the possibility of realigning
the Cooks River Route (or the South Western
Freeway) so that it follows the banks of the
Cooks River rather than the corridor along
Tancred Avenue, Kyeemagh.
a similar issue: the possibility of realigning
the Cooks River Route (or the South Western
Freeway) so that it follows the banks of the
Cooks River rather than the corridor along
Tancred Avenue, Kyeemagh.
4.3 Road Design
Road design has an important bearing upon the
existence and the extent of severance. A road
depressed below ground level ('in cut') is often
less obtrusive, both visually, and in terms of
noise, and is less disruptive to the community
on either side. It can be bridged at or about
ground level. An engineering maxim pithily
encapsulates this notion:- (60)
"Where highways are elevated, communities
are depressed; and where highways are
depressed, communities are elevated."
It is not difficult to imagine the severance
effects, both physical and psychological, produced
by a solid embankment which cuts off a community
from the area with which it had previous contact.
If an elevated roadway is essential, a viaduct will
substantially ameliorate the severance, although it
will be more costly to construct.
effects, both physical and psychological, produced
by a solid embankment which cuts off a community
from the area with which it had previous contact.
If an elevated roadway is essential, a viaduct will
substantially ameliorate the severance, although it
will be more costly to construct.
What of roads constructed at ground level (at
grade)? Clearly, they fall somewhere in between.
The severance effects may not be as great as with
an embankment, but will probably be greater than
a road in cut.
In many cases one is simply not free to choose a
road design which will induce rather less severance
than another design. Where the road is being
constructed along a flood plain (as in the Cooks
River Option) or along a narrow valley (as in much
60. Wilfred
Owen referred to in “The Urban
Transportation Planning Process,” OECD, page
207.
Transportation Planning Process,” OECD, page
207.
-52-
of the Wolli Creek Valley) it is not possible
to depress the road below ground level without
encountering substantial and costly flooding and
drainage problems. A choice will arise in many
cases where the road is elevated. Contact
between adjacent communities may be preserved by
placing the carriageway on a structure (a viaduct)
rather than on an embankment. A judgement must be
made as to the community cohesion and the likely
severance effects and whether the additional cost is
justified in selecting a viaduct structure rather
than an embankment.
4.4 Bridges and Underpasses
There will be cases, inevitably, where there is
severance, where it cannot be avoided by choosing
a different alignment or design, and where an
attempt must be made to repair the division between
the two communities by a facility which links both
sides.
The selection of the appropriate facility is a matter
which must be investigated with some care. It is
dependant upon the origins and destinations of
pedestrians and motorists and an appreciation of
their threshold for diverting from the most direct
route. Ms. M. Braddock comments:- (61)
"Optimum location of crossings
will not
in itself determine whether people will
use them. Safety criteria suggest that,
particularly in areas where the majority
of users are children, grade separated
crossings are the most effective.
However, people are loathe to make any
additional effort which may be involved
in using a bridge, particularly if
they have to detour from their usual
route."
in itself determine whether people will
use them. Safety criteria suggest that,
particularly in areas where the majority
of users are children, grade separated
crossings are the most effective.
However, people are loathe to make any
additional effort which may be involved
in using a bridge, particularly if
they have to detour from their usual
route."
A survey is essential to identify, first, the
pedestrian-dependent population (whether children,
elderly, cyclists or a combination of all of these);
secondly, the origins and destinations of
61. Ms.
Braddock ibid. page 182.
-53-
pedestrians, and therefore the preferred location;
and thirdly the appropriate design. An example
of an inappropriate design is that originally
proposed at Turrella Station for the South
Western Freeway. A further example is given by
Ms. Judith Waugh in her study of Naremburn:- (62)
"Although extra travel
distances associated
with the structure were not that great, the
characteristics of the footbridge (specifically
its steep approach ramps and exposed
position) place pedestrian dependent members
of the community at a disadvantage. The
difficulties associated with the use of the
footbridge were cited as an important problem
by 20% of households, second only to the
problem of increased travel distances..It is
not sufficient to replace previous crossing
points with any type of structure, since
design features influence the level of
usage of such a facility..To avoid using
the footbridge, residents cross Willoughby
Road just north of Quiamong Street, despite
the continuous heavy flow of fast moving
traffic along this stretch of road."
(emphasis added)
with the structure were not that great, the
characteristics of the footbridge (specifically
its steep approach ramps and exposed
position) place pedestrian dependent members
of the community at a disadvantage. The
difficulties associated with the use of the
footbridge were cited as an important problem
by 20% of households, second only to the
problem of increased travel distances..It is
not sufficient to replace previous crossing
points with any type of structure, since
design features influence the level of
usage of such a facility..To avoid using
the footbridge, residents cross Willoughby
Road just north of Quiamong Street, despite
the continuous heavy flow of fast moving
traffic along this stretch of road."
(emphasis added)
Along Tancred Avenue, Kyeemagh, to take one
example, there are kindergarten school facilities
and a number of clubs. Insofar as there is a
significant segment of the land-locked community
(between Tancred Avenue and the river) requiring
access to these facilities, a pedestrian bridge
may be appropriate. This is a matter which should
have been investigated by survey, and was not. It
will be the subject of comment when dealing with
the design features of each option.
Can the problem be solved by constructing an
underpass? Often they cannot:- (63)
"Instead of the quiet though
perhaps tatty
little footpath or lane between gardens
that granny used to follow to the shops,
little footpath or lane between gardens
that granny used to follow to the shops,
62. Ms.
Judith Waugh, ibid. page 47.
63. Aldous 1975 quoted in Ms. M. Braddock, ibid.
page 182.
63. Aldous 1975 quoted in Ms. M. Braddock, ibid.
page 182.
-54-
she now finds that civil engineers
expect her to use a subway that is
little better than a dark and smelly
drain.”
expect her to use a subway that is
little better than a dark and smelly
drain.”
At the Turrella Station the possibility of an over-
bridge has now been excluded because of the height of
the embankment. However, would an underpass be any
different bearing in mind that the freeway itself
would be quite wide, and on the other side there would
be a lonely park? Mr. Colin Taylor gave the following
evidence:- (64)
bridge has now been excluded because of the height of
the embankment. However, would an underpass be any
different bearing in mind that the freeway itself
would be quite wide, and on the other side there would
be a lonely park? Mr. Colin Taylor gave the following
evidence:- (64)
"..There are also residents
who arrive
home rather late at night living over
there in that area who walk through
the present footway. I believe that a
tunnel of that type would probably
become a lair of thugs. I don't
believe that anyone could feel they
could safely walk that area at night
through a tunnel."
home rather late at night living over
there in that area who walk through
the present footway. I believe that a
tunnel of that type would probably
become a lair of thugs. I don't
believe that anyone could feel they
could safely walk that area at night
through a tunnel."
So what should be done? A bridge is not possible.
An underpass is feasible but in many ways undesirable.
Design of an underpass in these circumstances is of the
utmost importance. It ought not to be narrow,
reinforcing feelings of claustrophobia and vulnerability.
It should be wide and, if possible, should maintain
contact visually with the other side of the valley.
It ought to be well maintained, as vandalism which is
commonplace throughout various subways in Sydney,
underlines the sense of personal danger.
4.5 Selection of a Route Within a Corridor
It is said that the presence of a corridor accustoms
people on either side to the fact that one day a
highway facility will be constructed. Where no
corridor exists, and a highway facility is suddenly
proposed, the reaction of the residents is likely to
be the more vociferous. That was the case with the
Bestic Street/Villiers Street/Bexley Road Option
which had not previously been part of any planning
scheme corridor. It was proposed for the first time in
this Inquiry. The outrage felt by residents is
people on either side to the fact that one day a
highway facility will be constructed. Where no
corridor exists, and a highway facility is suddenly
proposed, the reaction of the residents is likely to
be the more vociferous. That was the case with the
Bestic Street/Villiers Street/Bexley Road Option
which had not previously been part of any planning
scheme corridor. It was proposed for the first time in
this Inquiry. The outrage felt by residents is
64.
Transcript 26th September, 1979, page 24.
-55-
evident from the many submissions made to this
Inquiry.
Inquiry.
That is not to say, by any means, that people
living along the Cooks River Valley or the
Wolli Creek Valley (which are the subject of
corridors) meekly accept that the highway should
be built. They most certainly do not. Their
outrage is, however, tempered by the knowledge that
the proposal has been ‘on the books’ for some
time. Elsewhere in this Report (Planning Criteria)
the subject of corridors is briefly examined.
living along the Cooks River Valley or the
Wolli Creek Valley (which are the subject of
corridors) meekly accept that the highway should
be built. They most certainly do not. Their
outrage is, however, tempered by the knowledge that
the proposal has been ‘on the books’ for some
time. Elsewhere in this Report (Planning Criteria)
the subject of corridors is briefly examined.
In this context three points should be made.
First, it is possible by the timely declaration
of a corridor to effectively minimise future
severance. An example is given by Ms. M. Braddock:- (65)
First, it is possible by the timely declaration
of a corridor to effectively minimise future
severance. An example is given by Ms. M. Braddock:- (65)
"The tram route (in Adelaide)
follows the
Modbury Transport Corridor designated in
the Town Planning Committee Report of
1962; in the study area the majority of
the corridor consists of a bank of
undeveloped land running through residential
areas. Subdivisions have been designed
around the existing corridor reserve, which
has physically divided the community since
development first started. Community
severance and new psychological severance
is therefore unlikely to occur."
Modbury Transport Corridor designated in
the Town Planning Committee Report of
1962; in the study area the majority of
the corridor consists of a bank of
undeveloped land running through residential
areas. Subdivisions have been designed
around the existing corridor reserve, which
has physically divided the community since
development first started. Community
severance and new psychological severance
is therefore unlikely to occur."
Secondly, it is quite a different thing to impose
a corridor upon an established area. This was
done by the Cumberland Plan in many cases
(including much of the Cooks River Valley). The
superimposition of a corridor in that circumstance
may achieve very little. It really depends upon
whether the area is likely to redevelop before it
is needed for the purposes of the utility for which
the corridor is reserved. If redevelopment is
likely (and planners can make a judgement based
upon their knowledge of land use changes) then a
a corridor upon an established area. This was
done by the Cumberland Plan in many cases
(including much of the Cooks River Valley). The
superimposition of a corridor in that circumstance
may achieve very little. It really depends upon
whether the area is likely to redevelop before it
is needed for the purposes of the utility for which
the corridor is reserved. If redevelopment is
likely (and planners can make a judgement based
upon their knowledge of land use changes) then a
65. Ms. M.
Braddock ibid. page 173.
-56-
corridor may serve some purpose by inhibiting
or stalling redevelopment. If, on the other hand,
redevelopment is unlikely, as would be the case
in many residential areas, the corridor may
achieve very little. It will serve simply to
inhibit redevelopment of a minor and cosmetic
nature (house renovations and so on) and will
in the meantime sterilize the land causing
great hardship to home-owners within the
corridor.
Thirdly, it is not to the point, at this
remove, to consider the matter as though the
slate were clean. Rightly or wrongly, the corridor
was imposed as part of the Cumberland Scheme.
Here and elsewhere in Sydney, people have been
habituated to the prospect of some highway facility
at some time or other in the future. The
severance effects, therefore, are likely to be
less in these circumstances, than in the case of
the Bexley Road Option, where the proposal is
now being made for the first time-
-57-
V ACCIDENTS
1. FACTORS RELEVANT TO SAFETY
1.1 Catalogue of Objectives and Criteria
The Joint Study Report (66) states the objectives
very simply:-
- Reduce the number and severity of
accidents related to traffic
The criteria suggested are: -
- exposure of pedestrians to accidents
are measured by:-
o the length of road frontage with
uses which generate pedestrian
activity;o the separation of residential
areas from local centres such as
schools and shops;o the likelihood of parked vehicles
on the new route restricting
visibility;o the provision of median strips
for pedestrian refuge.
- exposure of motorists to accidents
are measured by:-
o the number of intersections;o the control of intersections;o the provision of wide lanes and
median strips;o the control of access from local
streets and property frontage.
Certainly the suggested criteria are important.
They nonetheless concentrate unduly upon the effect of
a new facility. If a new facility is provided its
effect upon traffic safety must be judged, and the
criteria suggested will assist in that judgement.
But if safety is the aim there are other ways in which
it can be furthered. They ought to be examined along
with the provision of a new facility.
They nonetheless concentrate unduly upon the effect of
a new facility. If a new facility is provided its
effect upon traffic safety must be judged, and the
criteria suggested will assist in that judgement.
But if safety is the aim there are other ways in which
it can be furthered. They ought to be examined along
with the provision of a new facility.
66. The Joint
Study Report, pages 7 and 8.
-58-
Broadly, there are three variables which may be
involved in an accident. The road itself may be
responsible; the vehicle may be defective and may be
responsible, or the road user (whether pedestrian or
driver) may be responsible. All three may share
responsibility. The issue of safety can be tackled
by addressing any one of these factors.
1.2 The Cost of Road Accidents
Before dealing with the issue of safety, it is
important to appreciate the high cost involved in road
accidents:- (67)
important to appreciate the high cost involved in road
accidents:- (67)
"The cost of road accidents in
Australia
has been estimated to be between
$500,000,000 and $1,000,000,000 per annum,
or about 2% of the gross national product."
has been estimated to be between
$500,000,000 and $1,000,000,000 per annum,
or about 2% of the gross national product."
Approximately 4% of deaths in Australia are road
deaths. A significant proportion involve young males (68).
Apart from death, a significant number of people
are seriously injured with incalculable unhappiness
and loss to the community.
deaths. A significant proportion involve young males (68).
Apart from death, a significant number of people
are seriously injured with incalculable unhappiness
and loss to the community.
In these circumstances it is not surprising that
the community clamours for greater road safety. Yet,
like everything else, it can only be purchased at a
price. It must wait in line with other worthy objects.
The dilemma is encapsulated in the following passage:- (69)
"The ultimate expression of humanitarian
principles in traffic safety is to say,
'I don't care how much it costs, this
measure is justifiable if it saves just
one life.' But such idealism is
certainly naive. In a world where
resources have finite limits,
principles in traffic safety is to say,
'I don't care how much it costs, this
measure is justifiable if it saves just
one life.' But such idealism is
certainly naive. In a world where
resources have finite limits,
67. NAASRA
"Road and Traffic Safety", page 3.
68. Submission
S.K/C 342, Health Commission of New
South Wales, page 3.
South Wales, page 3.
69. J.M. Henderson
"The Effect of Urban Freeways on
Crash Losses", pages 4-12 in "Are Urban Freeways
Really Necessary?" 1973.
Crash Losses", pages 4-12 in "Are Urban Freeways
Really Necessary?" 1973.
-59-
application of this principal
would simply deprive other lives
of protection. Maybe far more lives
could be saved on the road by
expending the same resources on a
different measure or combinations
of measures? Maybe, further, even
more lives could be saved if the
money were not spent on this traffic
safety measure at all, but on public
transport, or hospitals, or kidney
machines..."
The question becomes, therefore, ‘how can we save
the maximum number of road users from death and
injury per dollar expended?' (70)
the maximum number of road users from death and
injury per dollar expended?' (70)
1.3 What are the Causes of Road Accidents?
Road accident statistics throw some light on the
causes of road accidents. It is apparent from the
statistics that the causes are different in the
country and the city. The way in which the problem
should be tackled, therefore, may also be different.
In the country sixty-five percent of accidents involve
a single vehicle on a section of open road (71). In the
city the corresponding proportion is 10.6%
causes of road accidents. It is apparent from the
statistics that the causes are different in the
country and the city. The way in which the problem
should be tackled, therefore, may also be different.
In the country sixty-five percent of accidents involve
a single vehicle on a section of open road (71). In the
city the corresponding proportion is 10.6%
Statistics vary from place to place and from time to
time. Though the following table is slightly out of
date, the relativities between categories remain the
same (71). The statistics are for the metropolitan
area:-
time. Though the following table is slightly out of
date, the relativities between categories remain the
same (71). The statistics are for the metropolitan
area:-
TABLE 2.
CAUSES OF
MOTOR VEHICLE ACCIDENTS
Type of Accident Proportion
- Accidents at intersections
and junctions (multi vehicle
collisions) 48% - Accidents at intersections
and junctions involving
single vehicles only 5% - Accidents on sections of
open road (multi vehicle
collisions) 22% - Accidents on sections of
open road involving single
vehicles 11% - Accidents involving
pedestrians 13% - Accidents at railway level
crossings 0.4% - Other 1.5%
(Figures may not add due to rounding)
70. J.M.
Henderson "The Effect of Urban Freeways on
Crash Losses”, page 4-12 in “Are Urban Freeways
Really Necessary?" 1973.
Crash Losses”, page 4-12 in “Are Urban Freeways
Really Necessary?" 1973.
71. NAASRA
Ibid, page 4.
-60-
More recent statistics (72) suggests that the
proportion
of pedestrians involved in accidents may be somewhat
higher (about 20%).
of pedestrians involved in accidents may be somewhat
higher (about 20%).
Research has consistently shown that alcohol is
implicated in at least half of the accidents in which
the driver of the vehicle is killed (73). The provision
or absence of a new road will not affect that sorry
statistic, though road design (see below) can have a
bearing upon the severity of accidents when they occur.
implicated in at least half of the accidents in which
the driver of the vehicle is killed (73). The provision
or absence of a new road will not affect that sorry
statistic, though road design (see below) can have a
bearing upon the severity of accidents when they occur.
A significant proportion occur at weekends, and late at
night. The factors are therefore many and complex.
The case made out by those who advocate a new road is
usually based upon the need to remove congestion. The
impression is sometimes created that congestion and safety
are linked, such that the elimination or reduction of
congestion will bring about a corresponding reduction in
road accidents. The reverse may be true. Congestion may
cause a number of minor accidents brought about by
misjudgement, and even by frustration. The absence
of congestion would mean higher driving speeds and this
is likely to adversely affect the accident rate, and
the severity of accidents when they occur.
72. Annual
Report Commissioner for Motor Transport,
1978-1979, page 58.
1978-1979, page 58.
73. The
Road Accident Situation in Australia, 1975,
page 18.
page 18.
-61-
1.4 Design Features of the Road
Two aspects require consideration. First, the
design feature of the road itself (i.e., the
carriageway and roadside furniture) will have an
effect upon safety. Secondly, the way in which the
road dove-tails with other roads (i.e., intersections)
will have an important influence upon safety.
The Department of Main Roads has exhibited great
technical competence in designing high-quality
roads throughout New South Wales. There can be
no doubt that if the Cooks River option or the
South-Western Option were constructed, the same
expertise would be displayed. The roads would
conform to the requirements established by the
National Association of Australian State Road
Authorities (NAASRA) for curve radii, grades,
lane-width and so on. The situations in which
accidents are created would be minimized or
eliminated. Visibility would be good. Grades would,
be relatively gentle so that drivers would not
be tempted to overtake heavy vehicles unable to
cope with steep grades. Drivers would be protected,
to some extent, from their own mistakes by the
provision of crash-barriers and median-strips.
In the case of the South Western Freeway, conflicting
cross-traffic and pedestrian traffic would be
eliminated by grade separation (i.e., overpasses or
underpasses) in the case of vehicular traffic.
Person-proof fencing would prevent pedestrian access
to the carriageway.
Intersections are of the utmost importance to
safety. According to the Sydney Area Transportation
Study (74) 62% of all reported accidents occurred at
74. Sydney
Area Transportation Study Volume 1,
Chapter III, page 34.
Chapter III, page 34.
-62-
intersections. A ‘T' intersection is substantially
safer than the ordinary cross intersection. The
point can be appreciated from the following diagram (75):-
safer than the ordinary cross intersection. The
point can be appreciated from the following diagram (75):-
FIGURE 4.
POSSIBLE
CONFLICTS AT INTERSECTIONS
A study was completed in Adelaide (76) comparing
the street pattern in a newly constructed area in which
there were a substantial number of 'T’ intersections
with another area in which there were many less
'T' intersections and more cross-intersections.
The accident rate was considerably lower in the
area where 'T' intersections predominated.
1.5 Reduction of Conflict Between Vehicles and Between
Pedestrians/Vehicles
Pedestrians/Vehicles
There are a number of strategies which can be
employed to reduce conflicts between vehicles and
between pedestrians and vehicles.
First, it is fundamental that a road hierarchy
should be developed according to the function which
each road is designed to perform. The aim is to
obtain the maximum homogeneity of traffic flow.
employed to reduce conflicts between vehicles and
between pedestrians and vehicles.
First, it is fundamental that a road hierarchy
should be developed according to the function which
each road is designed to perform. The aim is to
obtain the maximum homogeneity of traffic flow.
75. The
Road Accident Situation in Australia 1972,
page 59.
page 59.
76. The
Road Accident Situation in Australia 1975,
page 52.
page 52.
-63-
Through traffic is, as far as possible, isolated
from the local traffic, and delivery trucks from
cars.
from the local traffic, and delivery trucks from
cars.
Approximately 40% of fatalities and
50% of
injuries occur on local roads (77). In part,
the high proportion of accidents is brought about
by local roads serving a traffic function to which
they are not suited. Local roads should simply
give access to the properties located on them, and
should not furnish motorists with a convenient
'short cut'. The question of a road hierarchy is
dealt with elsewhere in this Report.
injuries occur on local roads (77). In part,
the high proportion of accidents is brought about
by local roads serving a traffic function to which
they are not suited. Local roads should simply
give access to the properties located on them, and
should not furnish motorists with a convenient
'short cut'. The question of a road hierarchy is
dealt with elsewhere in this Report.
As part of a road hierarchy, or independently of
it, the suggestion is often made that shopping
centres should be by-passed. The suggestion is
not new. It was made, for instance, in the Report
on the Cumberland Planning Scheme in 1948 (78).
Most shopping centres were developed at a time when
it was thought important to be located on a main
road (the "high street” concept). The shopping
centre on a main road was both visible and accessible.
The enormous increase in traffic has caused a
revision of thinking. It is recognised that people
are deterred from shopping at a particular place by
the uncomfortable proximity of a thick stream of
traffic. In Bankstown shopping centre, and more
recently at Bondi Junction, traffic has been
substantially or completely excluded, and an
attractive shopping mall created. The elimination
of traffic, where people are crossing from one side
of the shopping centre to the other, will reduce the
number of accidents and provide a better general
shopping environment at the same time. Again there
is a price to be paid. The Campsie Shopping Centre
is a typical "high street”. There are shops on
it, the suggestion is often made that shopping
centres should be by-passed. The suggestion is
not new. It was made, for instance, in the Report
on the Cumberland Planning Scheme in 1948 (78).
Most shopping centres were developed at a time when
it was thought important to be located on a main
road (the "high street” concept). The shopping
centre on a main road was both visible and accessible.
The enormous increase in traffic has caused a
revision of thinking. It is recognised that people
are deterred from shopping at a particular place by
the uncomfortable proximity of a thick stream of
traffic. In Bankstown shopping centre, and more
recently at Bondi Junction, traffic has been
substantially or completely excluded, and an
attractive shopping mall created. The elimination
of traffic, where people are crossing from one side
of the shopping centre to the other, will reduce the
number of accidents and provide a better general
shopping environment at the same time. Again there
is a price to be paid. The Campsie Shopping Centre
is a typical "high street”. There are shops on
77. Traffic
Authority of N.S.W. “Speed Limits in Urban
Areas", Table VIII.
Areas", Table VIII.
78. The
Planning Scheme for the County of Cumberland
1948, page 161.
1948, page 161.
-64-
either side of a busy road (Beamish Street).
Several options suggest a by-pass of the shopping
centre. A by-pass will involve the diversion of
traffic along residential streets (Viking Street,
Orissa Street and Loch Street, Campsie). In the
case of Viking Street (Campsie) the transformation
will be dramatic, since the street is presently
a cul-de-sac with almost no traffic. The by-pass
will carry a substantial traffic flow, including
a high proportion of trucks. The opportunities
for accidents involving residents located along the
by-pass will markedly increase. There may be a
corresponding reduction of accidents in the
shopping centre, and improved amenity in that
area.
In some cases it is not possible to eliminate
through traffic from a shopping centre. Certain
shopping centres are built upon the main traffic
arteries for metropolitan Sydney. The Leichhardt
shopping centre is built on the Parramatta Road.
The Rockdale shopping centre is built on the Princes
Highway. The amenity of the shopping centre and
the potential for road accidents, can be improved,
however, by planning. Development can be redirected,
so the shopping centre grows on one side of the road
rather than both sides. Over time, the centre of
gravity of the shopping centre can be shifted away
from the road. The Rockdale Centre Plan (79) is
an example.
through traffic from a shopping centre. Certain
shopping centres are built upon the main traffic
arteries for metropolitan Sydney. The Leichhardt
shopping centre is built on the Parramatta Road.
The Rockdale shopping centre is built on the Princes
Highway. The amenity of the shopping centre and
the potential for road accidents, can be improved,
however, by planning. Development can be redirected,
so the shopping centre grows on one side of the road
rather than both sides. Over time, the centre of
gravity of the shopping centre can be shifted away
from the road. The Rockdale Centre Plan (79) is
an example.
1.6 Vulnerability of Certain Persons to Road Accidents
Different classes of people are more vulnerable
to road accidents than others, and their vulnerability
increases in different situations.
79. The
Rockdale Centre Plan compiled by the Town
Planning Department of the Rockdale Municipal
Council.
Planning Department of the Rockdale Municipal
Council.
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In the case of pedestrians, children and the
elderly are especially vulnerable. The vulnerability
of children will be increased where significant
increases in traffic are directed along roads where
schools are located. Where open space facilities
are not provided children will still indulge in
recreation and more than likely they will play on the
roadway. We examine this matter in the chapter
dealing with open space. The presence of children
on the roadway makes them vulnerable to accidents,
and a significant proportion occur in this way.
That proportion can be reduced, both by the provision
of adequate open space, and by a suitable road
hierarchy eliminating through traffic from
residential streets.
elderly are especially vulnerable. The vulnerability
of children will be increased where significant
increases in traffic are directed along roads where
schools are located. Where open space facilities
are not provided children will still indulge in
recreation and more than likely they will play on the
roadway. We examine this matter in the chapter
dealing with open space. The presence of children
on the roadway makes them vulnerable to accidents,
and a significant proportion occur in this way.
That proportion can be reduced, both by the provision
of adequate open space, and by a suitable road
hierarchy eliminating through traffic from
residential streets.
It is undesirable (though in certain situations
inevitable) for a major road to separate open space
from the residential areas which will use it.
Crossing the roads will create a hazard. Where
the open space itself is fairly narrow (as it is with
certain options under consideration) there is the
danger of children running onto the road chasing
balls and so on.
inevitable) for a major road to separate open space
from the residential areas which will use it.
Crossing the roads will create a hazard. Where
the open space itself is fairly narrow (as it is with
certain options under consideration) there is the
danger of children running onto the road chasing
balls and so on.
1.7 Road Accidents in the Southern Metropolitan Area
There are significant differences between the motor
vehicle accident rates of different suburbs throughout
Sydney. In the publication "The Quick and the Dead", (80)
the accident rates are given for each suburb of
Sydney. The comparison is interesting. Relatively,
more people are killed as a result of motor vehicle
accidents in the area west of Parramatta. The
highest rates are recorded at Liverpool, Penrith,
Blacktown, Fairfield and Camden.
80. The
Quick and the Dead - A Biomedical Atlas of
Sydney by Gibson and Johansen, tendered by the
Earlwood Branch of the Australian Labour Party,
Transcript 15th October, 1979.
Sydney by Gibson and Johansen, tendered by the
Earlwood Branch of the Australian Labour Party,
Transcript 15th October, 1979.
-66-
Above average rates are recorded in an area
stretching from the centre of Sydney through
Marrickville to Rockdale, including Bexley.
Canterbury, Burwood, Strathfield, Ashfield, Beverly
Hills each have rates below the average.
stretching from the centre of Sydney through
Marrickville to Rockdale, including Bexley.
Canterbury, Burwood, Strathfield, Ashfield, Beverly
Hills each have rates below the average.
1.8 Public Transport and Safety
Road accidents are part of the price which must
be paid for increased mobility. The more
vehicle kilometres travelled the greater the number
of people killed or injured. With the notable
exception of the Granville Train Disaster, public
transport vehicles are rarely involved in serious
accidents (81). Accordingly, if a road option
has the effect of encouraging more people to travel
by road, and to desert public transport, the net
effect is likely to be more accidents whatever
safety features are built into the road system.
2. FREEWAYS
2.1 Lower Accident Rates
Freeways or expressways incorporate a great many
design features aimed at preventing accidents or
preventing death and serious injury where they
occur. The features have already been described
(elimination of cross traffic by access control,
median-strips, good visibility etc.) It is not
surprising, therefore, that freeways have lower
accident rates per vehicle per kilometre. For
the purposes of economic analysis this is expressed
in dollar terms as follows:- (82)
81. The
Road Accident Situation in Australia, 1972,
page 60.
page 60.
82.
Department of Main Roads Submission S.K/C 340
September, 1979 (De Leuw Cather of Australia
Pty. Limited) page 60.
September, 1979 (De Leuw Cather of Australia
Pty. Limited) page 60.
TABLE 3.
ACCIDENT
COST ACCORDING TO TYPE OF ROAD
Road Classes Cost in Dollars per
Million Vehicle Miles
Million Vehicle Miles
Distributor Roads $260,379
Major Regional Roads
- Undivided $290,140
- Divided $250,617
Freeways and Expressways $7,429
- Undivided $290,140
- Divided $250,617
Freeways and Expressways $7,429
The South Western Freeway Option involves a little
more than 7 kilometres of freeway standard road.
The Cooks River Option, on the other hand, is a
major arterial road with significant cross traffic.
The view has been expressed to this Inquiry that
because there will be significant traffic at all
intersections along the Cooks River route, one can
confidently predict a higher accident rate (83).
2.2 The Number of Accidents
It is said by those who oppose freeways that the
lower accident rate is misleading for a number of
reasons. First, by excluding pedestrians and
cyclists from the freeway carriageway, the rates are
artificially depressed. The true measure of safety
engendered by a freeway is the reduced number of
accidents (if any) upon the remainder of the
metropolitan network as a result of diverting traffic
away from other streets. Some research has been
carried out along these lines. In Chicago, the
Congress Expressway was opened in October, 1960.
The accident rates for a sixteen square mile area
surrounding the new road were calculated and compared
in the years before and after. The rearrangement of
traffic and the shift of motor vehicles to the new
freeway resulted in a twenty-five percent reduction
in the accident rate within the study area (84).
lower accident rate is misleading for a number of
reasons. First, by excluding pedestrians and
cyclists from the freeway carriageway, the rates are
artificially depressed. The true measure of safety
engendered by a freeway is the reduced number of
accidents (if any) upon the remainder of the
metropolitan network as a result of diverting traffic
away from other streets. Some research has been
carried out along these lines. In Chicago, the
Congress Expressway was opened in October, 1960.
The accident rates for a sixteen square mile area
surrounding the new road were calculated and compared
in the years before and after. The rearrangement of
traffic and the shift of motor vehicles to the new
freeway resulted in a twenty-five percent reduction
in the accident rate within the study area (84).
83.
Transcript 17/10/79, Mr. R.J. Orr, Director of
Forward Town planning, South Sydney Municipal
Council (page 147).
84. Mr. J.M. Henderson, ibid. 4-9.
Forward Town planning, South Sydney Municipal
Council (page 147).
84. Mr. J.M. Henderson, ibid. 4-9.
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A second argument used against freeways is that
although the accident rate may drop there may be
no reduction in the number of people killed or
injured. This paradox arises because the freeway
itself generates traffic so that there are more
vehicle miles travelled bringing about a corresponding
reduction in the accident rate. (85)
although the accident rate may drop there may be
no reduction in the number of people killed or
injured. This paradox arises because the freeway
itself generates traffic so that there are more
vehicle miles travelled bringing about a corresponding
reduction in the accident rate. (85)
2.3 Accident on Feeder Roads
Further, it is suggested (86) that the low accident
rate for freeways is misleading because it is likely
that there will be higher rates for the access or
feeder roads to the freeway. Certainly access roads
are likely to experience higher traffic volumes, and
therefore higher accident rates. Research suggests
however, that these higher rates do not offset the
safety advantages gained through the provision of
a freeway. (87)
rate for freeways is misleading because it is likely
that there will be higher rates for the access or
feeder roads to the freeway. Certainly access roads
are likely to experience higher traffic volumes, and
therefore higher accident rates. Research suggests
however, that these higher rates do not offset the
safety advantages gained through the provision of
a freeway. (87)
2.4 Are Freeways Value for Money in Terms of Safety?
The real issue, therefore, is not whether freeways
reduce accident rates; it is fairly clear that
they do, as one would expect with a high quality and
expensive facility (88). The issue is whether the
building of freeways is the most cost-effective way
of saving lives and preventing injuries. The answer
is provided by Henderson in the following words:- (89)
reduce accident rates; it is fairly clear that
they do, as one would expect with a high quality and
expensive facility (88). The issue is whether the
building of freeways is the most cost-effective way
of saving lives and preventing injuries. The answer
is provided by Henderson in the following words:- (89)
"..If our prime aim is to save
as many
lives as possible per safety dollar
available, and to the extent that
urban freeway money is safety money,
then much better returns in crash
loss reduction will be available
lives as possible per safety dollar
available, and to the extent that
urban freeway money is safety money,
then much better returns in crash
loss reduction will be available
85. Mr. J.
M. Henderson ibid. 4-9.
86.
Community Resources Centre Submission S.K/C 950
page 6.
page 6.
87. The
Road Accident Situation in Australia 1975,
page 58.
page 58.
88. See for
example "The Beneficial Effects Associated
with Freeway Construction” National Co-operative
Highway Research Programme Report 193, pages 17
and 61.
with Freeway Construction” National Co-operative
Highway Research Programme Report 193, pages 17
and 61.
89.
Henderson ibid.., pages 4-16.
-69-
from spending this money on parts
of the travel system other than
urban freeways."
In short, added safety may be a bonus that comes
with freeways. It could not be used as a
justification for them.
with freeways. It could not be used as a
justification for them.
3. TRUCKS AND SAFETY
3.1 The Involvement of Trucks in Accidents
It is sometimes said that the motor vehicle is a
lethal weapon. Yet there is a degree of complacency
about cars which does not extend to trucks. People
rarely fear cars (though perhaps they ought). They
do fear trucks.
It was apparent from the many submissions made to
this Inquiry that the public does perceive trucks
as threatening its safety. A great many submissions
were specifically directed to the passage of containers
through suburban streets and the desirability, in the
public mind, of diverting these containers to rail.
That suggestion will be carefully analysed in a
separate report.
The public is not wrong in its perception that trucks
are to be feared. Trucks, and especially articulated
vehicles, make a disproportionate contribution to
fatal accidents. The statistics emerge from the
Commission of Enquiry into the N.S.W. Freight Industry (90). Articulated vehicles represent only 0.6% of
the vehicles registered in New South Wales. Yet
their involvement in accidents is as follows:-
- 5.3% of vehicles involved in
fatal crashes - 1.5% of vehicles involved in
injury crashes - 1.4% of the vehicles involved
in tow-away crashes.
90. Volume IV
page 5/15 and Supplementary Paper
No. 4, page 3.
No. 4, page 3.
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Perhaps it is unfair to take the raw numbers.
The Freight Enquiry (91) demonstrates that the
involvement of articulated vehicles in fatal
crashes is over double that which might be
expected having regard to their numbers and
the distance travelled. In this respect the
figures are no different from those in the United
Kingdom and elsewhere around the world.
The Freight Enquiry (91) demonstrates that the
involvement of articulated vehicles in fatal
crashes is over double that which might be
expected having regard to their numbers and
the distance travelled. In this respect the
figures are no different from those in the United
Kingdom and elsewhere around the world.
It is, moreover, the other road users who bear
the brunt of truck accidents. The position is
summarized in the following passage:- (92)
"It has been found in a
British study
(by Farr and Neilson 1968) that in
a collision, other road users are
four times more likely to suffer
injury than the driver of the
articulated, vehicle, and the ratio
is l0:1 for serious or fatal
injuries.”
(by Farr and Neilson 1968) that in
a collision, other road users are
four times more likely to suffer
injury than the driver of the
articulated, vehicle, and the ratio
is l0:1 for serious or fatal
injuries.”
3.2 Truck Characteristics Affecting Safety
Trucks are usually much larger than cars and
much less manoeuvrable. They do not have,
therefore, the same ability to avoid accidents.
They suffer, moreover, from a number of design
features which make accidents the more likely. The
matter was investigated in some depth by the commission
of Enquiry into the N.S.W. Freight Industry. It is
sufficient in this context to mention but one
feature; braking performance.
Trucks, especially when laden, may require from
two to more than four times the stopping distance
required by cars travelling at the same speed. There
are a number of reasons for this:- (93)
91. Supplementary
Paper No. 4 ibid. page 5.
92. Trucks
in Suburbs, page 12.
93. Road
Freight Enquiry Volume VI Supplementary
Paper No. 4, page 20.
Paper No. 4, page 20.
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(i) Truck tyres do not grip the
road as well as car tyres.(ii) Truck brakes have inferior
ratio of brake area to axle
loads than do car brakes,
and the ability to dissipate
heat is inferior.(iii) Air brakes take up to one
second to become fully
applied after the brake
pedal has been pushed.(iv) Truck brakes require frequent
maintenance which is not always
carried out at the correct
frequency (a matter upon which
further comment will be made
below).
It is hardly surprising that cars come off rather
worse in collisions when they take place. The
obvious explanation is the relative difference
between the weight of the truck, on the one hand, and
the weight of the car, on the other. There is a
frightening statistic (94) that when one vehicle
involved in a head-on collision is twice the weight of
the other, the percentage of deaths in the lighter
vehicle is approximately seven times that of the
heavier vehicle.
worse in collisions when they take place. The
obvious explanation is the relative difference
between the weight of the truck, on the one hand, and
the weight of the car, on the other. There is a
frightening statistic (94) that when one vehicle
involved in a head-on collision is twice the weight of
the other, the percentage of deaths in the lighter
vehicle is approximately seven times that of the
heavier vehicle.
The severity of accidents involving trucks is also
partly the result of the relatively high stiffness
of trucks (which means that in an impact with a car,
most of the energy loss is dissipated in the collapse
of the car instead of being shared between vehicles)
and the difference in height between the bumper-
bars of the truck and those of the car.
3.3 Maintenance of Trucks
Because of the relative short-comings of the truck
braking system, meticulous and regular maintenance
is of the upmost importance. After the horrifying
braking system, meticulous and regular maintenance
is of the upmost importance. After the horrifying
94. Volume
IV Enquiry into N.S.W. Road Freight
Industry, page 5/8.
Industry, page 5/8.
-72-
accident in 1979 at Mount Ousley, where a loaded
coal truck collided with four other vehicles
killing five people from the one family, the
Department of Motor Transport made an inspection
of 492 of the 551 coal trucks operating. The
Road Freight Enquiry (95) describes the results
of that inspection as 'startling'. There is no
other word. The alarming statistics were:-
coal truck collided with four other vehicles
killing five people from the one family, the
Department of Motor Transport made an inspection
of 492 of the 551 coal trucks operating. The
Road Freight Enquiry (95) describes the results
of that inspection as 'startling'. There is no
other word. The alarming statistics were:-
- 167 (i.e., 33%) were found to have
major defects prejudicial to their
safe operation. - 98 (i.e., a further 20%) had defects
which demonstrated a lack of
attention to maintenance even though
they may not have compromised the
vehicle’s safe operation. - Only 46% of the vehicles inspected
passed muster.
- 61% of the major defects detected
were defects of the braking system.
Curiously, a similar spot-check in the United
States revealed a high proportion of trucks (47%)
with 'safety violations and hazards' (96).
States revealed a high proportion of trucks (47%)
with 'safety violations and hazards' (96).
Although the Freight Enquiry urges caution before
drawing general conclusions from this one sample,
and whilst it must be acknowledged there are truck
drivers who demonstrate care and consideration in
the maintenance and management of their vehicles,
it is inescapable that the public view of trucks
as threatening its safety is not mistaken.
drawing general conclusions from this one sample,
and whilst it must be acknowledged there are truck
drivers who demonstrate care and consideration in
the maintenance and management of their vehicles,
it is inescapable that the public view of trucks
as threatening its safety is not mistaken.
That is not to say, of course, that one should
banish or despise trucks; far from it. Trucks
obviously perform an essential function in our
economic system without which society could not
banish or despise trucks; far from it. Trucks
obviously perform an essential function in our
economic system without which society could not
95. Volume
IV pages 5/3.
96. New
South Wales Road Freight Enquiry Volume VI
Supplementary Paper No. 4, page 25.
Supplementary Paper No. 4, page 25.
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survive in its present form. It does mean,
however, that this Inquiry in considering the various
options, including the suggested rail option for
containers, must pay especial attention to trucks
and their effect upon road safety.
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