Legal proceedings have been launched over the Oxford Street cycleway, with applicants alleging the project discriminates against older and disabled pedestrians.
Legal Dispute Emerges Over Oxford Street Cycleway
A legal challenge has been filed in the Federal Court against the City of Sydney Council and Transport for NSW, with the Oxford Street cycleway project at the centre of the dispute. The case is led by residents who claim the plan breaches federal discrimination laws.
Background of the Complaint
The Federal Court filing comes after a failed complaint to the Australian Human Rights Commission in 2024. That complaint was lodged by six Paddington residents, including Michael Waterhouse and Kathryn Greiner AO.
It focused on the use of “floating” or “island” bus stops along the planned separated cycleway on Oxford Street. The stops require pedestrians to cross active bike lanes to reach waiting areas, which complainants argue poses a heightened risk for less mobile users.
Following an unresolved Human Rights Commission complaint, the complainants were given 60 days to escalate the matter. The new case has now been filed against the City of Sydney Council and Transport for NSW.
Claims of Discrimination and Safety Risks
The applicants argue that the project violates the Disability Discrimination Act 1992 and Age Discrimination Act 2004. Court documents point to the increased danger for elderly and mobility-impaired pedestrians who must navigate two-way cycleways to reach bus stops. Comparisons were made to similar designs in London and Canada, which have previously triggered safety concerns and legal decisions abroad.
The applicants maintain they do not oppose cycling infrastructure in principle but believe pedestrian safety should not be compromised to facilitate it.
Alternative Route and Proposed Changes
The proposed alternative route put forward by the applicants includes Flinders Street in Darlinghurst and Moore Park Road in Paddington They have also proposed additional safety measures for bus stops, including speed humps, pedestrian traffic signals, eye-level cyclist traffic lights, and monitoring cameras to capture incidents involving non-compliance by cyclists.
Community Feedback and Project Status
Transport for NSW stated that the Oxford Street cycleway was developed in accordance with Disability Standards for Accessible Public Transport, and noted that it has consulted community stakeholders including the Accessible Transport Advisory Committee. Meanwhile, the City of Sydney reported that consultation had taken place and that the bus stop designs included safety features such as marked crossings and fencing.
No final decision has been made by the NSW Government regarding the cycleway’s implementation.
Conclusion and Next Steps
The 1.7-kilometre Oxford Street cycleway, projected to cost $70 million, continues to face legal and community scrutiny. The Federal Court proceedings are expected to determine whether the current design sets a precedent for accessibility standards or requires modification to ensure inclusive access to public transport infrastructure.
Published 8-May-2025