24 April 2024
By Hannah Wilcox
State government plans to build a large cycle ramp through Milsons Point to the Sydney Harbour Bridge face a last-minute hitch after North Sydney Council said it had legal advice that it could not sell or lease the parkland intended to be used for the infrastructure.
The twist came during North Sydney Council’s meeting on Monday night, with CEO Therese Cole confirming Council had received legal advice that day suggesting Bradfield Park cannot be sold or leased to the state government.
In 1935, Bradfield Park was granted to the Council in trust for the purpose of public park and public recreation as an offset for the disruption to the area caused by the erection of the Harbour Bridge.
A motion was moved by Councillor Ian Mutton calling for a report to be prepared ‘detailing the actions taken by Council to discharge its obligations with respect to the land that is Bradfield Park’.
“The government back in 1935 said we don’t want this easily unwound, so they set up this trust. And they set up our Council as trustees .. that gives us an obligation,” Cr Mutton said.
“It is an obligation that goes beyond sitting back and saying we will wait and see what the state government does next.”
He continued: “The obligation is to pursue the purpose of the trust to keep the land for the benefit of the people of North Sydney.”
Community interest is being ignored by the state government especially after the community had put forward a workable solution, he noted.
Members of the public attended the meeting to voice their concerns over the highly controversial project. Even though the state government has awarded a contract for the ramp’s construction, local residents have continued to mount a campaign against the project and argue for an alternate design with a considerably smaller footprint that avoids the northern section of the park.
Milsons Point resident Peter Noble argued Council is not able to give consent to Transport NSW to build the cycle thoroughfare.
He accused Transport NSW of having undertaken a ‘flawed process’ and warned Council acquisition of the process could prove to be misfeasance.
“Such an action would give significant life to the accountability of public officers,” Noble added.
Ian Lloyd, a North Sydney resident and cyclist, was second to address the chamber.
“I love walking through Bradfield Park and I definitely want a cycle ramp built down from the Sydney Harbour Bridge at Milsons Point,” he said.
“Like thousands of other North Shore voters I just don’t want Bradfield Park North destroyed by a linear ramp when there’s a much better alternative: the community cycle ramp.”
“The community cycle ramp didn’t destroy Bradfield Park, it met all transportation standards, didn’t run over Sydney Harbour Bridge’s heritage curtilage, catered to the forgotten 20 percent of cyclists going east and landed gently into a bicycle gathering place that would bring visitors to the North Sydney market and local cafes and restaurants,” Lloyd continued.
He referenced a petition which garnered 8,450 signatures in support of the community ramp that was again rejected by Transport NSW – claiming the $2.5 million offering to Council to overlook heritage approval was a ‘bribe’.
‘“Finally, Transport awarded a contract to build their linear ramp on land they did not and could not own,” Lloyd added.
“We are requesting Council to stand up to Transport NSW … and protect our precious green space at Bradfield Park North.”
“Community trust in this council is at risk.”
John Connor believes the heavily increased expenditure for the project – from the original $25 million to as much as $100 million – is not something that associates with the image of a municipality such as North Sydney.
“The destruction of the park has often been dismissed by many people. It’s a small park, it has limited interest, but it has a huge history,” the Milsons Point resident said.
“It is in many respects the lungs of the street.”
Chris Taylor said: “I’m deeply concerned that in respect to the proposed Harbour Bridge cycle ramp that Councillors have not adequately discharged this trust-imposed duty.”
“The use of the land is restricted to the purposes of the trust and its apparent … this has not been given adequate consideration by councillors.
The Milsons Point resident and CEO of AMPC added he believes councillors are wasting public resources in not discharging their trust-imposed duties.
The motion was seconded by Cr Gibson and was carried unanimously.
It required the Council to report on the matter at its next meeting in May.
Therese Cole is the same individual formerly known as Therese Mann. Her position title has also changed from GM to CEO.