18°C |
Thursday May 21, 2026 
29 September 2023
By Grahame Lynch
A North Sydney councillor has questioned whether the NSW State Government has the relevant legal permissions to proceed with its Milsons Point cycleway project.
Cr Ian Mutton has written to Council general manager Therese Manns questioning whether the council had given permission to build the cycleway and whether the original masterplan for the area allowed for the new intended use.
In his letter, Mutton observed that the Council had yet to vote on giving permission to the State Government to use Bradfield Park North – held by council – for the cycleway ramp. All it had done had offered so-called ‘owners’ consent’ to apply for permission to use the land.
“To the extent that the TfNSW proposal relies upon land which is owned by North Sydney Council, it would seem essential that the Council makes a resolution as to whether it will permit and facilitate any particular cycleway design,” Mutton wrote.
“At present, the only resolution that has ever been made by the elected Council was a determination of the Council to permit an application being made by TfNSW to the Heritage Council for an approval under the Heritage Act as a preliminary precondition to consideration of that proposal. The resolution itself, and the minuted proceedings of the Council meeting at which that resolution was made, are quite explicit that they are limited only to allowing the Heritage Act application to be made. In no way did the Councillors’ resolution reflect a decision of the Council to proceed with any particular design for the cycleway extension.”
The state government has decided to proceed with a controversial linear design which spans most of the park, excluding from consideration a community-sourced design which has a much smaller footprint and leaves much of the park untouched.
Mutton wrote: “I am concerned that TfNSW is proceeding on the basis that it will be able to construct its own linear design, despite the safety and design problems it presents, and the avoidable loss of passive recreation area, without the Council ever being consulted as to whether it supports that proposal as the owner of the land. Would you advise when the Council is to be consulted about making such a decision?”
Mutton goes on to say that the Local Government Act imposes strict conditions upon any use of community land other than in accordance with what he describes as “the relevant adopted Community Plan of Management.”
“It is quite clear to me that the proposed uses of the Park as a cycleway and the proposed ancillary works depot are inconsistent with the Bradfield Park Plan of Management. That being the case I seek confirmation that the community land management protections under the Local Government Act are being met,” he asked the Council GM.
The Cycleway project was funded in this month’s NSW state project and is set to proceed in the new year. Preliminary survey work has already been conducted on the site.