HISTORY OF THE M5 EAST

1978

With a view to easing traffic flow across Sydney, there was a proposal in 1978 for a roadway from Liverpool to Redfern called the F5. This was to be supplemented by a freeway up the Cooks River valley, between Kyeemagh and Chullora. Resident opposition to these projects led Premier Wran to appoint barrister David Kirby (now Justice Kirby of the Supreme Court) to conduct an inquiry into the projects, resulting in the Kyeemagh-Chullora Road Inquiry.

1980

Having conducted his inquiry, David Kirby recommended that freight be moved by rail from Chullora to Port Botany and that the Wolli Creek valley be retained as open space. The Wran government was officially set to adopt the findings of the inquiry but opposition from the road and transport industry forced Cabinet to shelve it.

1988

Eight years later the issue was brought up again, with the Greiner government. This time, however, the proposal was for an elevated roadway through the Wolli Creek valley. An Environmental Impact Statement for the proposal led to its discredit, causing the Government to retreat from the proposal.

1994

By 1994, part of the original proposal of a roadway to link Redfern to Liverpool was already established with the construction of the M5 motorway going from King Georges Road at Beverly Hills and becoming the Hume Highway at Ingulburn. To complete the original link the government proposed a roadway between King Georges Road and General Holmes Drive. This roadway, called the M5 East project, was to feature a 3.1km tunnel under Earlwood and possibly a 1.4km tunnel extension under Turrella. As part of the proposal there was also mention of possible ventilation stacks for vehicle exhausts. An Environmental Impact Statement (EIS) for the project was released in June 1994.

1995

In November of 1995, the Roads and Traffic Authority (RTA) approached residents whose homes were likely to be affected by the proposed ventilation stacks associated with the project.

1996

In 1996, a supplement to the EIS was released, and an alternate route for the M5 East tunnel was suggested through Bexley North, Bardwell Park, Turrella and Arncliffe, announced as the "preferred option" by the NSW government on the 3rd of November. This option involved three 15m high exhaust stacks, two in Arncliffe and one in Bardwell Park, with vehicle emissions to be untreated and unfiltered. Representing local residents, an M5 East Co-ordination Group stated its position as follows:

- To oppose the construction of the M5 East tunnel along the alignment under Bexley North, Bardwell Park, Turrella and Arncliffe.
-To demonstrate to the RTA that there is a viable alternative along the original road alignment under the Wolli Creek Valley road reservation.
- That ventilation stacks should not be built in residential areas and regardless of where the ventilation stacks are built, the air should be scrubbed and filtered before being released into the atmosphere.
- The period of response to the EIS should be no less than three months.
- Dangerous goods should be banned from transport through the tunnel.

1997

June
Having received resident opposition to the three stack plan, Roads and Transport Minister, Carl Scully, announced in June 1997 that the three stack plan presented in the EIS was to be replaced by a single "super-stack" (up to 40m high and 15m wide) in an industrial area at Turrella. This announcement sparked controversy over a number of key points:

- The "industrial area" outlined is only 300 metres long and 200 metres wide. Thus the worst effects of the stack's plume would come to ground outside the industrial area.
- The RTA produced glossy leaflets announcing the change, however these were never distributed in newly affected areas of -Turrella, Undercliffe and Earlwood.
- The single stack is set to pump emissions from 21 million vehicle movements a year, and is to be located in a valley, rather than high ground as in the original three stacks proposal.
- Electricity to run the fan system in the tunnel is set to cost $3m pa and generate 28 tonnes of greenhouse gases per annum. In total over 200 changes to what was exhibited as Supplement to the EIS, were announced by the Minister.

August
On the 27th of August, the RTA sent its Representations Report to the Department of Urban Affairs and Planning (DUAP). 350 representations were made. The DUAP prepared an Environmental Impact Assessment. Holmes Air Sciences stated that "ideally the stacks should be located on high ground." However much of the investigation commissioned or carried out by RTA has been since labelled as "inadequate", with some issues not being addressed.

December
On the 9th of December, Mr Craig Knowles, Minister for Urban Affairs and Planning announced approval for M5 East plan with many open-ended conditions. (Document available from DUAP, for $75).

1998

19 February - The validity of the approval given the M5 East was challenged by the Transport Action Group Against Motorways (TAGAM), given that no EIS was made for the substantial changes since the 1996 three stack proposal. Thus a number of groups united for court action against the proposal, forming the M5 East Coalition made up of:

- Residents Against Polluting Stacks
- M5 East Community Co-ordination Group
- Wolli Creek Preservation Society
- Transport Action Group Against Motorways Inc
- Rockdale Wetland Preservation Society
- Rockdale and District Landscape Heritage Committee
- Canterbury-Hurstville Residents Action Group - M5

14 September - The beginning of a three week hearing in the Land and Environment Court, Transport Action Group Against Motorways (TAGAM) Vs Roads and Traffic Authority M5 East.

25 November - TAGAM action in Land and Environment Court dismissed.
Justice Neil Bignold:
"There will be benefits to those living in areas where the stacks have been removed from. Similarly, there could be potential adverse impacts on those living near the new stack location. It is probable that the overall number of people affected by the stack emissions will be less for the current proposal than for the 1996 proposal."
Some significant points:
Justice Bignold agreed that no EIS had been done since the 1996 proposal. He had read and heard an expert comment that the RTA investigations were "inadequate". He was aware that different people were likely to be affected by the proposal and these were not given an opportunity to comment. He determined that the ongoing assessment by the RTA fulfils the requirements of Section iii of Environment and Planning Assessment Act.

December
Negotiations for land acquisitions in the Wolli Creek valley by National Parks and Wildlife officers were concluded. Wolli Creek was to be declared a regional park to be administered by a board of management under a National Parks and Wildlife umbrella; thus eliminating any further discussion of a road through the valley, leaving a tunnel as the only option.

1999

7 January -Canterbury Council issued a strongly worded press release to local press supporting local residents in their opposition to the exhaust emission stack and the green ban on the stack's construction. While supporting the construction of the M5 East Tunnel, council was concerned about the effects of the stack on local residents, thus seeking to engage Dr Noel Child a recognised consultant in environmental engineering, management and planning, to conduct an independent review of the stack proposal. The Mayor of Canterbury hoped Dr Child would identify air quality impacts and provide alternative options for the treatment of exhaust emissions from the tunnel.

27 January - Canterbury Council voted to formally engage Dr Noel Child, approaching Rockdale and Marrickville Councils to assist with funding, however assistance was rejected. On 28 January Rockdale Council stated its official position as, "no stacks in residential areas, M5 East should be tunnel under original road reservation"; re-stating its position in February as "no stacks" and supporting a road through the valley.

April
During a special Council Meeting held on 27th April matters related to the proposed M5 East emission stack were debated following the release of the Child Report, Review of Air Quality Impacts of the Single Stack Proposal and Consideration of Alternative Strategies. The report concluded that, "air quality in the local area will be compromised in still wind conditions, during temperature inversions or when light on-shore easterly winds are prevailing, posing unacceptable health risks for the local community." It recommended that "council unequivocally oppose the single stack proposal."
To read the Executive Summary of the Child Report, click here.

18 June – Having taken their case to the Supreme Court, a 2 to 1 decision against TAGAM was handed down on the 18 June. Justice Fitzgerald:
"It is clear that the alterations to the December 1996 proposal will impose new, significant, detrimental effects on different localities and different persons from those who had the opportunity to make representations with respect to the December 1996 proposal... RTA should not be allowed to carry out the December 1997 proposal until another EIS has been duly notified and exhibited in respect of the alterations to the December 1996 proposal."
Justice Mason:
"...even though elements of the modifications were open-ended, none of them could have conceivably constituted a 'radical' change of the originally proposed activity."
Justice Sheller:
"The RTA, acting in the capacity of the determining authority, made a decision which should not be challenged by this Court simply because some other body on the same material might legitimately have reached a different view."

21 June - Marrickville Council passed a motion calling on State government to abandon the M5 East roadway, until a "rigorous, independent Environmental Impact Statement is carried out" (quoted from The Glebe, 23/6/99). On 24 June, the Council passed a motion to support an anti-stack rally on 18 July at the Gough Whitlam Park, in Undercliffe. RAPS urge Marrickville Council to support the rally.

23 September/13 October – Addresses made to Parliament, firstly by Dr A. Chesterfield-Evans representing Turrella Council on 23 September, and secondly Independent MLC Mr Richard Jones on October 13th, both attacking the RTA's claim that the stack was in an industrial area. Richard Jones: "North Arncliffe and Turrella are the sites of several multimillion dollar residential developments, one $200 million and another $60 million. Where there may have been a few hundred workers there will now be thousands of residents within a few hundred metres of the unfiltered stack, in addition to the thousands of residents in the homes cropped from the aerial photographs used by the RTA in its M5E brochures, and those in nearby valleys where the fumes will be dumped."

9 November - Last week, Dr Arthur Chesterfield-Evans, Democrats MLC, pushed for a parliamentary inquiry into the M5E stack, and this motion was supported by the Liberal Party and the Cross Bench. General Purpose Standing Committee No 5 will look at:
the environmental impact of the stack,
the evidence for the current design and alternative possibilities
guarantees for all affected residents and businesses.

29 November - Meeting with the Parliamentary Committee No.5 investigating the M5 East stack, held in Parliament House, Monday, 29 November. Present at the meeting Mr Noonan from the Department of Urban Affairs and Planning, Ms Jay Stricker, Environmental Manager for the RTA, Dr Kerry Holmes, RTA air quality consultant, The Environmental Protection Agency (EPA) was represented by Mr Colin Woodward and Dr Stephen Mc Phaill. Noel Child, for Canterbury Council, assured the committee that the residents concerns regarding health impacts were genuine. Residents Against Polluting Stacks (RAPS) provided four speakers: Mark Curran, Giselle Mawer, Ricc Rossi and Peter Siapos.

The findings and recommendations from this inquiry would inevitably have implications for other major RTA tunnels such as the Eastern Distributor and proposed Cross City and Lane Cove tunnels.

2000

February
The General Purpose Standing Committee No 5 Report on inquiry into the M5 East Ventilation Stack was released. The key recommendation of this Inquiry was:
The Committee recommends that the Roads and Traffic Authority immediately call for international expressions of interest for the installation of world's best treatment processes for particulate and nitrogen dioxide removal in the M5 East Motorway tunnel. The NSW Government should establish an independent panel of experts, including a community representative, to evaluate and report on the submissions which have been received by 31 March 2000. The report should identify accurate and if possible final costs for the installation of such equipment.
The Committee recommends that the Roads and Traffic Authority continue with construction work on the stack in a manner which can incorporate and make provision for alternative ventilation systems which might be recommended as a result of the assessment of responses to the call for international expressions of interest.
The Committee further recommends that following the publication of the report identified above, a decision be made to either:
- cease all further work on the ventilation stack and install pollution control equipment in the road tunnel itself; or
- install pollution control equipment in addition to the ventilation stack.

12 April – RAPS meet with Minister Scully, Richard Jones (Chair of the Inquiry), and Paul Forward, Chief executive of the RTA. Paul Forward the CEO of the RTA, Richard Jones, MLC and Chair of the Parliamentary inquiry into the M5 East stack also attended the meeting at Parliament and heard Mr Scully agree to delay approval of the stack until the results of an international workshop on tunnel ventilation to be held in Sydney in June, were known.

2 May – Rally outside Parliament House in Macquarie Street, attended by residents affected by the M5 East tunnel, Eastern Distributor, Lane Cove Tunnel and Cross City Tunnel.

21 May – Protest at Airport Rail Link. Mr Scully ignored the unanimous Parliamentary Inquiry recommending the filtration of toxic fumes from the M5 East tunnel, proposing instead to hold an international workshop on tunnel ventilation in Sydney in June. Meanwhile, 24 hour construction work was proceeding on the stack site despite the stack itself not having been approved yet.

7 June - International Ventilation workshop held in Sydney. The meeting was attended by top experts representing a wide range of experience in tunnel design and ventilation issues from France, Germany, Great Britain, Norway, Switzerland and the United States. The aim of the workshop was to specifically discuss leading edge tunnel ventilation technologies with local experts and community representatives. Members of a number of community groups representing those affected by the M5East, Lane Cove and Cross City tunnels also attended and addressed the meeting.

27 June - The report into the RTA's International workshop on Tunnel Ventilation written by workshop facilitator and Melbourne barrister, Arnold Dix and sent to the RTA, appeared to have disappeared without a trace.

7 August – Report from the International Workshop was finally released on the 7 August, despite being dated 26 July, and being expected a month earlier. Some of the key findings are as follows:
· In all urban areas, including Sydney – people suffer adverse health effects as a result of breathing polluted air.
· Technologies exist which can alter the composition of polluted air from tunnels.
· Information on the effectiveness of electrostatic precipitators at changing the air quality around tunnels, their cost and operational performance should be obtained from countries such as Norway, Japan and South Korea which use them.
· The M5 East design is expected to meet all Sydney's comparatively strict environmental performance requirements, however in engineering terms, location is not optimal due to the remote stack location in a shallow valley.
· Immediate consideration should be given to the most effective ways of improving air quality in areas identified as receiving the least benefit from the operation of the M5 East tunnel ventilation system.
To read the report on the workshop click here (pdf file 114KB).

September
The Roads Amendment (M5 East Road Tunnel) Bill 2000 introduced in the Upper House in Parliament by Dr Peter Wong of the Unity Party aimed to ensure there is filtration of vehicle emissions in the Tunnel.

November
The Roads Amendment Bill passes through the Upper House and requires the RTA to install filtration equipment to the M5 East Motorway stack. The Bill now has to be passed through the Lower House.



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