I. THE INQUIRY’S APPROACH
1. THE NATURE OF THE INQUIRY
l.1 The Terms of Reference
The terms of reference are:
"Having regard to studies and
reports
flowing from the Botany Bay Port and
Environment Inquiry (Simblist Inquiry)
in connection with the proposed regional
road between Kyeemagh and Chullora:
To enquire into the report on the need
for a major regional road link in the
planned County Road corridor reservation
known as the Kyeemagh-Chullora Road or
any alternative regional road link or
combination of road links between the
Central Industrial Area and the Western
and South-Western sub-regions of the
Sydney Metropolitan Area, with
particular reference to the following:
flowing from the Botany Bay Port and
Environment Inquiry (Simblist Inquiry)
in connection with the proposed regional
road between Kyeemagh and Chullora:
To enquire into the report on the need
for a major regional road link in the
planned County Road corridor reservation
known as the Kyeemagh-Chullora Road or
any alternative regional road link or
combination of road links between the
Central Industrial Area and the Western
and South-Western sub-regions of the
Sydney Metropolitan Area, with
particular reference to the following:
*
environmental and social impact of
any proposal, especially effects
of through traffic on residential
areas;
any proposal, especially effects
of through traffic on residential
areas;
*
economics of transport especially
goods movement;
goods movement;
*
possible development of alternative
transport-modes in existing
corridor reservations."
transport-modes in existing
corridor reservations."
1.2 The Inquiry is the First of its Kind
Certain things should be made clear at the outset.
The Inquiry was impressed by the professionalism of
the Department of Main Roads. Its energy and its
technical competence were constantly on display. It
would be churlish not to acknowledge the enormous
assistance it provided the Inquiry. An officer from
the Department attended each public hearing. Senior
personnel appeared before the Inquiry on many
occasions. The Inquiry benefitted greatly from the
exchange of views.
the Department of Main Roads. Its energy and its
technical competence were constantly on display. It
would be churlish not to acknowledge the enormous
assistance it provided the Inquiry. An officer from
the Department attended each public hearing. Senior
personnel appeared before the Inquiry on many
occasions. The Inquiry benefitted greatly from the
exchange of views.
The Planning and Environment Commission (1), likewise
was intimately involved. Its contribution was
impressive, as was its dedication.
was intimately involved. Its contribution was
impressive, as was its dedication.
1. Now
known as the Department of Environment & Planning.
-4-
We say these things because we offer, from time
to time, throughout this Report, criticism of
submissions made by various Departments (and by
other parties). The criticism is offered in the
belief that it may assist those parties in
fashioning their submissions to future road
Inquiries. It most certainly is not an attack
either upon their competence or their enthusiasm.
to time, throughout this Report, criticism of
submissions made by various Departments (and by
other parties). The criticism is offered in the
belief that it may assist those parties in
fashioning their submissions to future road
Inquiries. It most certainly is not an attack
either upon their competence or their enthusiasm.
This is the first Road Inquiry. It contains
lessons for us all. Aspects of the Inquiry's
performance were criticised. This is entirely
appropriate. Mr. Cyril Stafford, the President
of the Cooks River Valley Association, suggested
that the pamphlet distributed by the Inquiry within
the community was inadequate. The map of the Study
Area did not include the Botany - Mascot area. It
therefore did not draw attention to the Botany Goods
Line. That line was suggested as an alternative to
the road options (2). Mr. Stafford was right. The
map was misleading. With hindsight we can see that
it should have included the Botany Goods Line.
lessons for us all. Aspects of the Inquiry's
performance were criticised. This is entirely
appropriate. Mr. Cyril Stafford, the President
of the Cooks River Valley Association, suggested
that the pamphlet distributed by the Inquiry within
the community was inadequate. The map of the Study
Area did not include the Botany - Mascot area. It
therefore did not draw attention to the Botany Goods
Line. That line was suggested as an alternative to
the road options (2). Mr. Stafford was right. The
map was misleading. With hindsight we can see that
it should have included the Botany Goods Line.
There are other examples. Ms. K. Ewin from the
Bardwell Park Community Resources Centre suggested
that the six week period allowed by the Inquiry for
submissions was not sufficient. It gave the
impression to the community that the Inquiry was
not genuine. She said (3):
Bardwell Park Community Resources Centre suggested
that the six week period allowed by the Inquiry for
submissions was not sufficient. It gave the
impression to the community that the Inquiry was
not genuine. She said (3):
"EWIN: There is a real danger,
particularly where an affair has
dragged on over some 30 years or
sor, that when suddenly a community
is given 6 weeks to respond, that
an immediate response from ordinary
people in the community is ‘Oh
it's just window dressing, why get
involved?' Nobody can do anything
particularly where an affair has
dragged on over some 30 years or
sor, that when suddenly a community
is given 6 weeks to respond, that
an immediate response from ordinary
people in the community is ‘Oh
it's just window dressing, why get
involved?' Nobody can do anything
2. Transcript
Cooks River Valley Association
8/10/79, page 7 (Attachment A).
3. Transcript 25/9/79 Community Resources Centre
Bardwell Park, page 20.
8/10/79, page 7 (Attachment A).
3. Transcript 25/9/79 Community Resources Centre
Bardwell Park, page 20.
-5-
in 6 weeks. They’ve got it all
decided, and this is just a way
of letting the public feel that
they’ve had something to say
about it.
decided, and this is just a way
of letting the public feel that
they’ve had something to say
about it.
This proved a major hurdle for
us to overcome..."
us to overcome..."
She suggested a period between three and six
months would be more appropriate (4).
months would be more appropriate (4).
Confidence in an Inquiry is a fragile thing. It
is, nonetheless, of the utmost importance. It is
difficult to strike a balance between allowing
sufficient time and getting on with the job. A
period in excess of six weeks may have been more
appropriate. We are inclined to think that two
months is sufficient provided the Inquiry is
flexible in permitting an extension of time where
that is sought.
is, nonetheless, of the utmost importance. It is
difficult to strike a balance between allowing
sufficient time and getting on with the job. A
period in excess of six weeks may have been more
appropriate. We are inclined to think that two
months is sufficient provided the Inquiry is
flexible in permitting an extension of time where
that is sought.
This Inquiry heeded the comments of Ms. Ewin. It
allowed submissions to be made well out of time.
No submission was refused, even though some
submissions were received more than six months
after the Inquiry began its work. Mr. W.C. Wentworth
made a valuable contribution in a submission dated
27th day of March, 1980 (submissions having
technically closed 6.8.79).
allowed submissions to be made well out of time.
No submission was refused, even though some
submissions were received more than six months
after the Inquiry began its work. Mr. W.C. Wentworth
made a valuable contribution in a submission dated
27th day of March, 1980 (submissions having
technically closed 6.8.79).
1.3 Public Participation
The participation of the public in this Inquiry has
been of the utmost importance. Public participation
is, hopefully, a two-way affair. There was a time
when people were satisfied to express their views
upon the actions of Government at an election every
three years. That time has passed. People demand
a say in matters which intimately effect them. And
so they ought. The Government and Inquiries are
likely to make better decisions if they are made
aware of the community’s view.
been of the utmost importance. Public participation
is, hopefully, a two-way affair. There was a time
when people were satisfied to express their views
upon the actions of Government at an election every
three years. That time has passed. People demand
a say in matters which intimately effect them. And
so they ought. The Government and Inquiries are
likely to make better decisions if they are made
aware of the community’s view.
4. Transcript
ibid., page 29.
-6-
This Inquiry has been fortunate in receiving an
extraordinary public response. It is, in
consequence, better informed on matters of
community concern. It has been given the benefit
of accumulated community knowledge. Its attention
has been drawn to aspects of the environment which
are unsatisfactory and to matters considered
precious by the community. The Inquiry would
have been the poorer without that contribution.
Formality is the enemy of public participation.
It operates as an inhibition to people who are
nervous about the correct 'form'. The Inquiry
sought to proceed, therefore, with a minimum of
formality.
It operates as an inhibition to people who are
nervous about the correct 'form'. The Inquiry
sought to proceed, therefore, with a minimum of
formality.
Three things followed. First, members of the
community were encouraged to make submissions in
whatever form they thought appropriate. We repro-
duce as an appendix to this Report (Appendix 1)
the document distributed as a guide to the making
of a submission. Some subscribed to a petition.
Others wrote a letter, Some chose to submit
detailed argument addressing each matter of concern
to the Inquiry. No submission was refused.
community were encouraged to make submissions in
whatever form they thought appropriate. We repro-
duce as an appendix to this Report (Appendix 1)
the document distributed as a guide to the making
of a submission. Some subscribed to a petition.
Others wrote a letter, Some chose to submit
detailed argument addressing each matter of concern
to the Inquiry. No submission was refused.
We are now inclined to think that even the word
'submission' is an unnecessary formality. It may
have given some people the impression that something
in the nature of a legal document was required.
Perhaps the document should rather have been a
'Guide to the Providing of an Opinion to the Inquiry’.
'submission' is an unnecessary formality. It may
have given some people the impression that something
in the nature of a legal document was required.
Perhaps the document should rather have been a
'Guide to the Providing of an Opinion to the Inquiry’.
Secondly, the adversary approach was entirely
inappropriate. It is an approach familiar to
lawyers. Parties line up, one against another,
for or against a proposition. They submit to
cross-examination. This was not done.
inappropriate. It is an approach familiar to
lawyers. Parties line up, one against another,
for or against a proposition. They submit to
cross-examination. This was not done.
-7-
Thirdly, the Inquiry refrained from defining the
Terms of Reference either at the outset or during
the presentation of evidence. If a party thought
something was relevant to the Terms of Reference
he (or she) was permitted to say his (or her) piece.
We can envisage a situation where it may be
necessary to redirect the attention of a party to
the particular area of concern to the Inquiry.
That situation did not arise. Without exception
members of the community had a keen eye for the
issues. They did not wander outside them.
Terms of Reference either at the outset or during
the presentation of evidence. If a party thought
something was relevant to the Terms of Reference
he (or she) was permitted to say his (or her) piece.
We can envisage a situation where it may be
necessary to redirect the attention of a party to
the particular area of concern to the Inquiry.
That situation did not arise. Without exception
members of the community had a keen eye for the
issues. They did not wander outside them.
It is nonetheless appropriate that we now attempt
to define some of the more important words in the
Terms of Reference.
to define some of the more important words in the
Terms of Reference.
2. THE TERMS OF REFERENCE DEFINED
2.1 The Simblist Inquiry and Reports Flowing from the
Simblist Inquiry
In November, 1976 Judge S.H. Simblist Q.C. completed
the Botany Bay Port and Environment Inquiry.
the Botany Bay Port and Environment Inquiry.
A link is made between that Inquiry, and the subject
matter of its concern, and the present Inquiry.
Before the Simblist Inquiry were plans to establish
two container terminals, one by the Australian
National Line and the other by a consortium,
Container Terminals Australia Limited (CTAL). It
recommended that planning permission be given,
subject to certain conditions.
matter of its concern, and the present Inquiry.
Before the Simblist Inquiry were plans to establish
two container terminals, one by the Australian
National Line and the other by a consortium,
Container Terminals Australia Limited (CTAL). It
recommended that planning permission be given,
subject to certain conditions.
The conditions were primarily aimed at preserving
the environment. The Simblist Inquiry was concerned
with the environmental impact of the transportation
by road of large maritime containers. It urged
their transportation by rail. It also recommended
certain road improvements.
the environment. The Simblist Inquiry was concerned
with the environmental impact of the transportation
by road of large maritime containers. It urged
their transportation by rail. It also recommended
certain road improvements.
-8-
These recommendations, and their acceptance by the
New South Wales Government, led to a flurry of
activity. Reports, whether by the Department of
Main Roads, the Planning and Environment Commission
or the State Transport Study Group (formerly the
Urban Transport Study Group) all made reference to
the Simblist Inquiry. These Reports have all been
treated as relevant.
New South Wales Government, led to a flurry of
activity. Reports, whether by the Department of
Main Roads, the Planning and Environment Commission
or the State Transport Study Group (formerly the
Urban Transport Study Group) all made reference to
the Simblist Inquiry. These Reports have all been
treated as relevant.
2.2 The Planned County Road Corridor Reservation Known
as the Kyeemagh-Chullora Road
as the Kyeemagh-Chullora Road
The County of Cumberland Plan in 1951 established
a number of road corridors. The Kyeemagh-Chullora
corridor, following the Cooks River Valley between
the Hume Highway (at Chullora) and General Holmes
Drive (at Kyeemagh), was one such corridor.
a number of road corridors. The Kyeemagh-Chullora
corridor, following the Cooks River Valley between
the Hume Highway (at Chullora) and General Holmes
Drive (at Kyeemagh), was one such corridor.
The municipalities flanking the Cooks River
subsequently introduced their own planning schemes.
They preserved the road reservations (or corridors)
in the County of Cumberland Planning Scheme.
subsequently introduced their own planning schemes.
They preserved the road reservations (or corridors)
in the County of Cumberland Planning Scheme.
2.3 The Need for a Major Regional Road Linking the Planned
Corridor
Corridor
Is a major road needed? That is the threshold
question. It must be answered in the affirmative
before one can proceed to recommend one of the
various road options.
question. It must be answered in the affirmative
before one can proceed to recommend one of the
various road options.
It is a matter of some complexity. This entire series
of Reports is, in a sense, directed at furnishing an
answer. We will not attempt a definition at this
stage. We will devote a separate chapter of this
Report to the issue. We will attempt in that
chapter to draw together the relevant material from
the Criteria Volumes II and III.
of Reports is, in a sense, directed at furnishing an
answer. We will not attempt a definition at this
stage. We will devote a separate chapter of this
Report to the issue. We will attempt in that
chapter to draw together the relevant material from
the Criteria Volumes II and III.
Certain English Road Inquiries have excluded the
issue of 'need’. They have been confined (by their
issue of 'need’. They have been confined (by their
-9-
terms of reference) to questions of alignment and
design. They have, in many cases, been given a
frigid reception by the community.
design. They have, in many cases, been given a
frigid reception by the community.
The issue of need is the issue which the community
wishes to address. It is of the utmost importance
that an Inquiry should be in a position to consider
whether a road is needed, and whether there are other,
perhaps less drastic, ways of dealing with the problem.
wishes to address. It is of the utmost importance
that an Inquiry should be in a position to consider
whether a road is needed, and whether there are other,
perhaps less drastic, ways of dealing with the problem.
2.4 The Central Industrial Area
The State Transport Study Group examined the Central
Industrial Area in depth in June, 1977. A sub-region
known as the 'Central Industrial Area' includes (5):
Industrial Area in depth in June, 1977. A sub-region
known as the 'Central Industrial Area' includes (5):
- The municipalities of South Sydney;
- The municipalities of Botany;
- That part of Randwick Municipality
west of Bunnerong Road;
- The industrial area of Marrickville/
Sydenham, generally east of Victoria
and Illawarra Roads;
- That part of Sydney airport which is
in Rockdale Municipality.
The same study furnished a diagram. That diagram
is reproduced in this Report (Figure 1).
is reproduced in this Report (Figure 1).
Mr. Leuliette from the Botany Bay Co-ordinating and
Action Committee pointed out that the 'Central
Industrial Arear is no longer 'central’. Industry
has now migrated to the Western Suburbs and the
South West. The centre of gravity is somewhere in
the West, perhaps as far as Parramatta.
Action Committee pointed out that the 'Central
Industrial Arear is no longer 'central’. Industry
has now migrated to the Western Suburbs and the
South West. The centre of gravity is somewhere in
the West, perhaps as far as Parramatta.
This may be so. However, the term 'Central Industrial
Area’, like the term 'Central Business District', is
simply a convenient historical tag. It identifies
an area rather than its geographical location in
the spread of Sydney (6).
Area’, like the term 'Central Business District', is
simply a convenient historical tag. It identifies
an area rather than its geographical location in
the spread of Sydney (6).
5. Central Industrial Area Study STSG (formerly
UTSG), June 1977, I-1.
6. Transcript Botany Bay Co-ordinating and Action
Committee, 13.11.79, pages 11-12.
UTSG), June 1977, I-1.
6. Transcript Botany Bay Co-ordinating and Action
Committee, 13.11.79, pages 11-12.
-10-
FIGURE 1.
CENTRAL INDUSTRIAL AREA.
FIGURE 1.
CENTRAL INDUSTRIAL AREA.
-11-
2.5 The Western Sub-Region of Sydney
The terms of reference identify the orientation of
the roads which may be considered. It must be a
"road (or a combination of roads) linking the
Central Industrial Area with the Western or South
Western sub-regions of Sydney."
the roads which may be considered. It must be a
"road (or a combination of roads) linking the
Central Industrial Area with the Western or South
Western sub-regions of Sydney."
There is no administrative sub-division recognised
as the 'Western Sub-Region, of Sydney. A publica-
tion by the Planning and Environment Commission in
September, 1979 divides the metropolitan area into
a number of Sub-Regions, including the following (7):
as the 'Western Sub-Region, of Sydney. A publica-
tion by the Planning and Environment Commission in
September, 1979 divides the metropolitan area into
a number of Sub-Regions, including the following (7):
"INNER WESTERN SYDNEY:
Ashfield
Burwood
Concord
Drummoyne
Strathfield
Burwood
Concord
Drummoyne
Strathfield
WESTERN SYDNEY:
Auburn
Baulkham Hills
Blacktown
Blue Mountains
Colo
Fairfield
Holroyd
Parramatta
Penrith
Windsor."
Baulkham Hills
Blacktown
Blue Mountains
Colo
Fairfield
Holroyd
Parramatta
Penrith
Windsor."
Certain local councils have organised what they call
‘the Western Sydney Regional Organisation of Councils'.
In a joint publication with the New South Wales
Planning and Environment Commission entitled 'Western
Sydney: Investment Prospective’, the Western region
is defined to exclude the inner western suburbs. A
map of the western region from that publication is
included in this Report (Figure 2).
‘the Western Sydney Regional Organisation of Councils'.
In a joint publication with the New South Wales
Planning and Environment Commission entitled 'Western
Sydney: Investment Prospective’, the Western region
is defined to exclude the inner western suburbs. A
map of the western region from that publication is
included in this Report (Figure 2).
2.6 The South Western Sub-Region of Sydney
We all know in a general way what is meant by the
South West of Sydney. It is, broadly, the Macarthur
South West of Sydney. It is, broadly, the Macarthur
7. Sydney
Region Population Estimates for Local
Government Areas 1976-2001 (Discussion Paper)
Planning and Environment Commission, September,
1979, page 60.
Government Areas 1976-2001 (Discussion Paper)
Planning and Environment Commission, September,
1979, page 60.
-12-
FIGURE 2.
MAJOR RESIDENTIAL AREAS
WESTERN SYDNEY REGION
-13-
Growth Area. The Planning and Environment
Commission suggest the following local government
areas make up that Region (8):
Commission suggest the following local government
areas make up that Region (8):
- Camden
- Campbelltown
- Liverpool
- Wollondilly
The Sydney Region Outline Plan (1968) identified a
‘south west sector’. It is reproduced in this
Report (Figure 3). (9)
‘south west sector’. It is reproduced in this
Report (Figure 3). (9)
FIGURE 3.
South-West Sector
8. Discussion
Paper ibid., page 55.
9. Sydney Region Outline Plan, page 66.
9. Sydney Region Outline Plan, page 66.
-14-
2.7 A Major Road (Or Combination of Roads) Linking
The Central Industrial Area and the Western and
South-Western Sub-Regions
The Central Industrial Area and the Western and
South-Western Sub-Regions
The Inquiry has before it a number of specific
road options. They will be identified later in
this Report. The major options are:
road options. They will be identified later in
this Report. The major options are:
- The Cooks River Option (formerly
known as the Kyeemagh-Chullora
County Road)
- The South Western Option which
runs along the Wolli Creek Valley
between Arncliffe and King Georges
Road, Beverly Hills.
- The Bexley Road Option (for which
there are a number of sub-options)
between General Holmes Drive and
Hume Highway at Strathfield.
There are other road options besides. In each case
it seems to the Inquiry that the geographical orien-
tation of the suggested roads conforms to the Terms
of Reference. They each provide a link, more or
less direct, between the Central Industrial Area
and the western or the south western areas of Sydney.
No option should be excluded because it is outside
the Terms of Reference.
it seems to the Inquiry that the geographical orien-
tation of the suggested roads conforms to the Terms
of Reference. They each provide a link, more or
less direct, between the Central Industrial Area
and the western or the south western areas of Sydney.
No option should be excluded because it is outside
the Terms of Reference.
2.8 The Environmental and Social Impact
Volume III of this
Report deals with the environmental
and social impact of the various road (and rail)
proposals. Under "Social Criteria" the following
matters are examined:
and social impact of the various road (and rail)
proposals. Under "Social Criteria" the following
matters are examined:
- Displacement of people and property
- Injurious Affectation to property
- Indirect Effects Upon the Community
- Severance
- Accidents
-15-
2.8 What is meant by ‘the environment’?
The Commonwealth Act, the Environmental Protection
(Impact of Proposals) Act 1974 (10) contains the
following definition of 'the environment' (11):
(Impact of Proposals) Act 1974 (10) contains the
following definition of 'the environment' (11):
"’Environment’ includes all
aspects
of the surroundings of man, whether
affecting him as an individual or in
his social groupings, and 'environmental’
has a corresponding meaning.”
of the surroundings of man, whether
affecting him as an individual or in
his social groupings, and 'environmental’
has a corresponding meaning.”
The definition of "environment” in the New South Wales
Planning Legislation, (the Environmental Planning
and Assessment Act) (12) is in identical terms.
Planning Legislation, (the Environmental Planning
and Assessment Act) (12) is in identical terms.
The Simblist Inquiry was called upon to examine
‘the environmental impact' of certain projects
which were planned for Port Botany. It defined
the term as follows (13):
‘the environmental impact' of certain projects
which were planned for Port Botany. It defined
the term as follows (13):
"The word
"environment" has been taken
to mean the existing total situation
as at a given time, including all the
physical surroundings, social patterns
and ecology of a given area."
to mean the existing total situation
as at a given time, including all the
physical surroundings, social patterns
and ecology of a given area."
The ‘environment’ is everything around us. It is
much more than parks and trees, although certainly
they are a precious part of it. It is the shopping
centres, the streets, the air we breathe, the level
of noise, the traffic, and interaction with one’s
neighbours.
much more than parks and trees, although certainly
they are a precious part of it. It is the shopping
centres, the streets, the air we breathe, the level
of noise, the traffic, and interaction with one’s
neighbours.
2.9 Economics of Transport, Especially Goods Movement
The cost of transport is reflected in the price of
goods. If the means of transport can be made more
efficient the savings may, perhaps, flow through to
the price we pay for the goods we consume. The
Inquiry has been asked to look specifically at the
needs of commerce.
goods. If the means of transport can be made more
efficient the savings may, perhaps, flow through to
the price we pay for the goods we consume. The
Inquiry has been asked to look specifically at the
needs of commerce.
10. Act No.
164 of 1974.
11. Section 3.
12. Section 4.
13. Botany Bay Port & Environment Inquiry Report, page 14.
11. Section 3.
12. Section 4.
13. Botany Bay Port & Environment Inquiry Report, page 14.
-16-
The tool usually employed to measure the efficiency
of a public investment is known as 'cost/benefit
analysis'. The merits and limitations of that
technique are examined in the "Critera For
Evaluation" (14). When examining each option we
shall look at its performance according to this
criterion.
of a public investment is known as 'cost/benefit
analysis'. The merits and limitations of that
technique are examined in the "Critera For
Evaluation" (14). When examining each option we
shall look at its performance according to this
criterion.
2.10 Possible Development of Alternative Transport Modes
The connection between Port Botany and the Road
Options is obvious. Their geographical orientation
and proximity to the Port explain why it is that
the public characterised the road as a 'Port Road'
or 'Container Road’. The Bankstown Municipal
Council said this (15):
Options is obvious. Their geographical orientation
and proximity to the Port explain why it is that
the public characterised the road as a 'Port Road'
or 'Container Road’. The Bankstown Municipal
Council said this (15):
"..No interest has been shown
by succes-
sive State Governments in constructing
(the Kyeemagh-Chullora Road) until the
recent Port development in Botany Bay.
Following those developments the present
State Government is again considering
the construction of a road to link the
new Port facilities with industrial areas
in the West and South-West of Sydney."
sive State Governments in constructing
(the Kyeemagh-Chullora Road) until the
recent Port development in Botany Bay.
Following those developments the present
State Government is again considering
the construction of a road to link the
new Port facilities with industrial areas
in the West and South-West of Sydney."
Volume I of this
Report is devoted to the Container
Issue. The Inquiry has taken the view that maritime
containers destined for the Western Suburbs (or export
containers coming from the Western Suburbs) should
be sent by rail to decentralised depots at Chullora
or Villawood. The inner suburbs with their narrow
streets, and the spread of suburbs between Rockdale
and Strathfield, will be spared the passage of
large container vehicles by this means. The environ-
ment, in consequence, will be immeasurably improved.
The container issue furnishes an illustration of the
use of 'alternative transport modes' to solve what
is essentially a traffic problem.
Issue. The Inquiry has taken the view that maritime
containers destined for the Western Suburbs (or export
containers coming from the Western Suburbs) should
be sent by rail to decentralised depots at Chullora
or Villawood. The inner suburbs with their narrow
streets, and the spread of suburbs between Rockdale
and Strathfield, will be spared the passage of
large container vehicles by this means. The environ-
ment, in consequence, will be immeasurably improved.
The container issue furnishes an illustration of the
use of 'alternative transport modes' to solve what
is essentially a traffic problem.
14. Volume II pages 259 to 312.
15. S.K/C 1196 Bankstown Municipal Council
Submission, page 1.
15. S.K/C 1196 Bankstown Municipal Council
Submission, page 1.
-17-
3. THE PHILOSOPHY OF THIS REPORT
3.1 The Environmental Standard Established by the
State Pollution Control Commission
State Pollution Control Commission
In October, 1974 the State Pollution Control
Commission published an Environmental Standard (16).
The document suggested the following:
Commission published an Environmental Standard (16).
The document suggested the following:
"It needs to be
emphasised..that
environmental acceptability is not
the only criterion by which the
merits of a proposal are to be
judged. A proposal may be environ-
mentally acceptable yet be unaccep-
table on other grounds. Conversely,
the existence of unavoidable factors
which may be judged to be undesirable
from the environmental point of view
does not necessarily justify rejection
of the proposal if:
environmental acceptability is not
the only criterion by which the
merits of a proposal are to be
judged. A proposal may be environ-
mentally acceptable yet be unaccep-
table on other grounds. Conversely,
the existence of unavoidable factors
which may be judged to be undesirable
from the environmental point of view
does not necessarily justify rejection
of the proposal if:
(a)
there are sufficiently weighty
compensating factors of a
social or economic nature, and
compensating factors of a
social or economic nature, and
(b)
all practical measures are taken
to minimise the extent of the
unavoidable environmental impact."
to minimise the extent of the
unavoidable environmental impact."
The emphasis is upon balance (17):
"The policy does not demand
that
environmental criteria should trans-
cend all other criteria; it does
demand that these criteria shall
receive adequate balanced consid-
eration and that unnecessary harm
to the environment shall be avoided."
environmental criteria should trans-
cend all other criteria; it does
demand that these criteria shall
receive adequate balanced consid-
eration and that unnecessary harm
to the environment shall be avoided."
The policy was adopted by the Simblist Inquiry as
a sensible approach to the task of balancing
environmental, economic and social demands (18).
a sensible approach to the task of balancing
environmental, economic and social demands (18).
16. Principles and Procedures for Environmental
Impact Assessments in New South Wales, S.P.C.C.
(el-4).
Impact Assessments in New South Wales, S.P.C.C.
(el-4).
17. S.P.C.C. ibid., page 1.
18. Botany Bay Port and Environmental Inquiry (The
Simblist Inquiry), page 14. See for example
pages 21-33 where the principle is applied to
the suggestion that there should be a coal
loader established at Port Botany.
18. Botany Bay Port and Environmental Inquiry (The
Simblist Inquiry), page 14. See for example
pages 21-33 where the principle is applied to
the suggestion that there should be a coal
loader established at Port Botany.
-18-
3.2 The Approach Taken in the United Kingdom
It is instructive to examine what is being done
overseas. In the United Kingdom a policy document
on roads contains the following (19):
overseas. In the United Kingdom a policy document
on roads contains the following (19):
"Often there is a clash between
economic
and environmental aims...In some places
a new road would involve such visual
intrusion, noise disturbance, severance
of land or similar disadvantages that
the right decision is not to build at
all. Elsewhere the requirement for a
road is too great and a compromise can
be worked out."
and environmental aims...In some places
a new road would involve such visual
intrusion, noise disturbance, severance
of land or similar disadvantages that
the right decision is not to build at
all. Elsewhere the requirement for a
road is too great and a compromise can
be worked out."
Later in the same document the following words appear (20):
"Value for money will remain
an essential
objective in the planning and building
of roads. That was one reason why the
Government last year modified the concept
of the comprehensive improvement of
strategic routes in favour of a more
selective approach. But with a clearer
recognition of the wide range of purposes
for which roads are planned and built
and the greater emphasis on their
environmental and social effects, the
tests of value for money which are
applied to the schemes will be widened
also. It is more necessary now to
design schemes so as to minimise the
damage to communities and the environment,
and roads in future wilt be built more
for environmental than for economic
reasons alone. Where, despite the best
efforts of engineering design, schemes
would still have a damaging effect on
communities or the environment, they
will not be approved unless they show
high economic or other benefits.”
objective in the planning and building
of roads. That was one reason why the
Government last year modified the concept
of the comprehensive improvement of
strategic routes in favour of a more
selective approach. But with a clearer
recognition of the wide range of purposes
for which roads are planned and built
and the greater emphasis on their
environmental and social effects, the
tests of value for money which are
applied to the schemes will be widened
also. It is more necessary now to
design schemes so as to minimise the
damage to communities and the environment,
and roads in future wilt be built more
for environmental than for economic
reasons alone. Where, despite the best
efforts of engineering design, schemes
would still have a damaging effect on
communities or the environment, they
will not be approved unless they show
high economic or other benefits.”
(emphasis added)
3.3 The Philosophy Applied in the United States of
America
America
It is important also to examine the experience of
the United States of America. It has been dubbed
‘the automobile civilisation’ (21). Ashbolt says (22):
the United States of America. It has been dubbed
‘the automobile civilisation’ (21). Ashbolt says (22):
19. Policy for
Roads: England 1978, page 5-6.
20. ibid., page 11.
21. An American Experience, Allan Ashbolt, Chapter
8, page 103.
22. ibid., page 106.
20. ibid., page 11.
21. An American Experience, Allan Ashbolt, Chapter
8, page 103.
22. ibid., page 106.
-19-
"Undoubtedly America is an
automobile
economy. The most accurate prosperity
index is to be found in Detroit, not in
the New York Stock Exchange, not in the
Labour Department's estimate of joblessness..
the automobile touches American life at
almost every point."
economy. The most accurate prosperity
index is to be found in Detroit, not in
the New York Stock Exchange, not in the
Labour Department's estimate of joblessness..
the automobile touches American life at
almost every point."
Later in the same book the following appears:- (23)
"There is almost nothing in
the field
of human activities that cannot be done
in an American car. You can sleep, shave
and fornicate in it...Amongst its built-in
features it has heating and air conditioning
.. it may also have a picnic table or a
card table. To the American male, it is
mother, wife, mistress and friend. To the
American woman, it is emancipation from
her home. To the American child, it is an
object of worship..."
of human activities that cannot be done
in an American car. You can sleep, shave
and fornicate in it...Amongst its built-in
features it has heating and air conditioning
.. it may also have a picnic table or a
card table. To the American male, it is
mother, wife, mistress and friend. To the
American woman, it is emancipation from
her home. To the American child, it is an
object of worship..."
Australia has not quite reached that stage. It is
valuable, nonetheless, to examine the accumulated
highway and environmental wisdom of the United States.
It has lessons for Australia.
valuable, nonetheless, to examine the accumulated
highway and environmental wisdom of the United States.
It has lessons for Australia.
The United States practice was the subject of comment
by the Leitch Committee (United Kingdom) when
formulating its approach. It said:- (24)
by the Leitch Committee (United Kingdom) when
formulating its approach. It said:- (24)
"There has been increasing concern
in the
United States with the environment, and
this concern has been reflected in legislation.
The National Environmental Policy Act
1969 requires Federal Agencies, or other
agencies if in receipt of Federal funds,
to prepare Environmental Impact Statements
(EIS) for 'major actions’. A ‘major action'
is any action likely to precipitate significant
foreseeable alterations in land use, planned
growth, travel patterns or natural and man-
made resources."
United States with the environment, and
this concern has been reflected in legislation.
The National Environmental Policy Act
1969 requires Federal Agencies, or other
agencies if in receipt of Federal funds,
to prepare Environmental Impact Statements
(EIS) for 'major actions’. A ‘major action'
is any action likely to precipitate significant
foreseeable alterations in land use, planned
growth, travel patterns or natural and man-
made resources."
A new highway or even a reconstructed highway is
characterized as a 'major action'.
characterized as a 'major action'.
The Leitch Committee goes on:- (25)
23. ibid.,
page 112.
24. Report of the Advisory Committee on Trunk Road
Assessment (The Leitch Committee), page 43.
25. ibid., pages 43-44.
24. Report of the Advisory Committee on Trunk Road
Assessment (The Leitch Committee), page 43.
25. ibid., pages 43-44.
-20-
"In addition to these
Environmental
Impact Statements which evaluate the
environmental consequences of the
scheme, legal protection is afforded
to certain historic sites and to
places of ecological interest.
Before a highway can be built over
such sites the Secretary for Trans-
portation has to demonstrate that
there is no 'prudent or feasible'
alternative.”
(emphasis added)
Impact Statements which evaluate the
environmental consequences of the
scheme, legal protection is afforded
to certain historic sites and to
places of ecological interest.
Before a highway can be built over
such sites the Secretary for Trans-
portation has to demonstrate that
there is no 'prudent or feasible'
alternative.”
(emphasis added)
3.4 The Approach of the MANS Study
The MANS Committee has been established (26) to
examine whether Kingsford-Smith Airport at Mascot
should be extended to cope with future aircraft
needs or whether a second airport should be
constructed on the outskirts of Sydney.
examine whether Kingsford-Smith Airport at Mascot
should be extended to cope with future aircraft
needs or whether a second airport should be
constructed on the outskirts of Sydney.
The Committee examined a number of alternatives.
One was the creation of a second runway to the
West of the existing North/South runway. It was
known as the 'Wide Spaced West Option’. It is
depicted in the following diagram:
One was the creation of a second runway to the
West of the existing North/South runway. It was
known as the 'Wide Spaced West Option’. It is
depicted in the following diagram:
FIGURE 4.
WIDE SPACED
WEST OPTION MANS COMMITTEE
26. MANS is
an acronym for Major Airport Needs of Sydney.
-21-
A Consultative Group to the Committee made an
environmental analysis. Its conclusion was as
follows: (27)
environmental analysis. Its conclusion was as
follows: (27)
"From the available
information the
Consultative Group is of the opinion
that the option of a Wide-Spaced
parallel runway to the West could
be ruled out on environmental
grounds alone, namely:
Consultative Group is of the opinion
that the option of a Wide-Spaced
parallel runway to the West could
be ruled out on environmental
grounds alone, namely:
·
massive impact on Botany Bay
physical and biological structure
physical and biological structure
·
major impact due to the demoli-
tion of a large number of houses
in Kyeemagh
tion of a large number of houses
in Kyeemagh
·
impact on commercial and recrea-
tional uses of surrounding areas
tional uses of surrounding areas
·
changes to areas effected by
aircraft noise." (emphasis added)
aircraft noise." (emphasis added)
This passage may suggest that in an appropriate case
environmental grounds alone are sufficient to exclude
an option from further consideration. In truth the
MANS Committee may be saying no more than that they
are excluding one option because they have a number
of others which will suit their purposes equally
well.
environmental grounds alone are sufficient to exclude
an option from further consideration. In truth the
MANS Committee may be saying no more than that they
are excluding one option because they have a number
of others which will suit their purposes equally
well.
3.5 The Conclusion of this Inquiry
The philosophy embodied in the Statement of Policy
by the State Pollution Control Commission suggests
the problem should be approached in three stages:
by the State Pollution Control Commission suggests
the problem should be approached in three stages:
- First, what are the environmental
consequences of a particular option?
- Secondly, if they are adverse, are
there sufficiently weighty compensating
factors of a social or economic nature?
- Thirdly, have all practical measures
been taken to minimise the extent of
the environmental impact?
27. The Environmental
Analysis (Bulletin No. 10)
MANS Study, page 5&6.
MANS Study, page 5&6.
-22-
Logically, it seems to us better to approach the
problem in a somewhat different order. The envir-
onmental issue only arises if there is a demonstrable
need created by factors 'of a social or economic
nature’. Such an approach would suggest the
following questions:
1.
What are the transport needs
of the area?
of the area?
2.
What are the means available
to satisfy those needs?
to satisfy those needs?
3.
What social and environmental
consequences attend their
satisfaction?
consequences attend their
satisfaction?
4.
Are the proposals capable
of modification so that the
community and the environment
are spared even whilst the
transport needs are satisfied?
of modification so that the
community and the environment
are spared even whilst the
transport needs are satisfied?
5.
What, on balance, should be
done?
done?
There are elements in the practices of the United
Kingdom and the United States worthy of emulation
in New South Wales.
Kingdom and the United States worthy of emulation
in New South Wales.
Certain national treasures, whether natural or
man-made, quite simply must be preserved. This
generation dare not squander that heritage for the
sake of the next. It is a question of degree.
man-made, quite simply must be preserved. This
generation dare not squander that heritage for the
sake of the next. It is a question of degree.
When answering the final question - what is to be
done? - the Inquiry will be guided by the following
principles:
done? - the Inquiry will be guided by the following
principles:
- First, is the environment (whether
natural or man-made) which is being
sacrificed to construct the road,
such a precious part of our national
-23-
heritage that the option should be
excluded from further consideration?
In the nature of things few environ-
mental assets will meet this rigorous
standard.
- Secondly, if the environmental
sacrifice is considerable (as it
will be in many cases) has it been
demonstrated that there is no prudent
or feasible alternative?
- Thirdly, where there is no prudent
or feasible alternative, and where,
despite the best efforts of engineering
design, schemes will still have a
damaging effect upon the community
or upon the environment, do they
demonstrate 'high economic or other
benefits’?
3.6 A Question of Onus
We began this Report by declaring our belief in the
need for informality. In the public hearings we
have emphatically rejected the adversary procedure
as a convenient means of public participation. Yet
there is one legal concept which we feel is useful.
It has its counterpart in ordinary social discourse.
It is the concept of ‘onus'. If someone maintains
that something should be done it is up to him or
her to make out a case for changing the status quo.
They must persuade the Inquiry that the course of
action they suggest is better than leaving things
as they are. The onus is upon them.
need for informality. In the public hearings we
have emphatically rejected the adversary procedure
as a convenient means of public participation. Yet
there is one legal concept which we feel is useful.
It has its counterpart in ordinary social discourse.
It is the concept of ‘onus'. If someone maintains
that something should be done it is up to him or
her to make out a case for changing the status quo.
They must persuade the Inquiry that the course of
action they suggest is better than leaving things
as they are. The onus is upon them.
The concept can be demonstrated in a number of ways.
Those who propose a road must make out a case. They
must establish to the satisfaction of the Inquiry
that the community is better served by the road's
presence than by leaving things as they are. Those
who maintain that one of the existing corridors
Those who propose a road must make out a case. They
must establish to the satisfaction of the Inquiry
that the community is better served by the road's
presence than by leaving things as they are. Those
who maintain that one of the existing corridors
-24-
should be removed from the planning schemes must
satisfy the Inquiry that the community is better
off by taking that course than by allowing the
corridor to remain.
satisfy the Inquiry that the community is better
off by taking that course than by allowing the
corridor to remain.
3.7 The Format of this Report
We will now examine the transport needs of an area
in Sydney which stretches from the Central Industrial
Area in the East to the Western and South-Western
regions of Sydney. Our purpose will be to identify
whether there is a problem, and if so, the nature
and extent of that problem.
in Sydney which stretches from the Central Industrial
Area in the East to the Western and South-Western
regions of Sydney. Our purpose will be to identify
whether there is a problem, and if so, the nature
and extent of that problem.
We will then examine the Options. What are the
means suggested to solve the transport problems of
the area? The evaluation will be made applying
the Criteria in Volumes II and III.
means suggested to solve the transport problems of
the area? The evaluation will be made applying
the Criteria in Volumes II and III.
We recognise there is a need to make this Report
self-contained. Many will neither have the energy
nor the inclination to examine Volumes II and III.
In those volumes we set out the Traffic, Planning,
Economic, Environmental and Social Criteria. We
will, in this Report, draw extensively upon that
material.
self-contained. Many will neither have the energy
nor the inclination to examine Volumes II and III.
In those volumes we set out the Traffic, Planning,
Economic, Environmental and Social Criteria. We
will, in this Report, draw extensively upon that
material.
Go to Chapter II -->
