City of Yarra: Yarra Council will join Moreland Council in Supreme Court challenge to East West Link, 21 July 2014
Yarra City Council has voted unanimously to join Moreland Council in seeking a judicial review of the Minister for Planning’s approvals for the East West Link and the assessments committee’s recommendation to the Minister.
Mayor Cr Jackie Fristacky said that under the Local Government Act Yarra has an obligation to act in the best interests of its community, which is why Council is taking this important action.
“Yarra has long opposed the East West Link because of the absence of a transparent and viable business case and the devastating impact it would have on our local community, local heritage, inner city traffic and many other important aspects impacting liveability”, Cr Fristacky said.
The Major Transport Projects Facilitation Act provides for appeal against the Minister’s decision to the Supreme Court within 21 calendar days of the Minister’s decision. The deadline for lodging an appeal in the Supreme Court is today (21 July 2014).
On July 8, Councillors voted unanimously to reject the State Government’s decision to approve the East West Link contrary to substantial evidence and the many professional recommendations of the Assessment Panel.
Council’s resolution:
“That Council:
- reaffirm the Council’s resolution dated 8 July 2014 which stated its firm opposition to the East West Link project;
- joins Moreland Council in seeking a judicial review of both the Minister’s decision under section 77 of the Major Transport Projects Facilitation Act and the Assessment Committee’s recommendation to the Minister made on 30 May 2014, under section 73 of the Act;”
Supreme Court Action Documents
The documents filed with the court include:
- Originating motion (453.23 KB)
- Affadavit in Support of the Originating Motion (915.87 KB)
- Notice of a Constitutional Matter (including 24 exhibits) (67.71 KB)
The issues as well as the relief sought by the Councils is set out specifically in the Originating Motion.
Click here for information about community support for Council’s court action.
