Residents told to sign away their rights

Photography: Kate Schneider

Residents living near the Lane Cove Tunnel have been offered ventilation and window seals in return for signing away their rights to future noise or property damage claims.

This development comes amid increasing anger about future noise and pollution problems the tunnel may cause.

Theiss John Holland, the company in charge of building the tunnel, is required to provide noise dampeners but it is asking residents to sign a deed of agreement that will release the company "unconditionally and forever" from future claims.

Residents and home owners are worried about property values. They must also obtain some sort of release and indemnity from future owners.

The deed releases the builder from providing further noise mitigation "as a result of the carrying out of the project works or the future operation or use made of the Project Works."

Kay Smith, a resident of Lane Cove, says that Theiss John Holland must be aware of future noise and pollution impacts the tunnel will bring to local residents.

"They are basically asking us to sign away our rights.

"Why would they do this unless they are not confident that noise and pollution levels will be contained?" Mrs. Smith said. "The only reason they would be doing this now is to save themselves in the future. This is very worrying. It’s a lose-lose situation for us."

Residents have been given three weeks to decide. Letters have been sent to over 130 residents and the move has raised widespread concerns in the community.

John Lee, the Director of Major Projects at Lane Cove Council, says it is difficult for residents to know what the future noise and pollution impacts of the tunnel will be. He says a main concern for residents is the future.

"A key question people are asking is how do you protect yourself from high levels of pollution?" he said.

Joel MacIntosh, a Lane Cove resident, says the actions of Theiss John Holland are unbelievable and have left people unsure of what the future implications of the tunnel may be.

"I cannot believe what they are trying to do. First they refuse to install in-tunnel filtration, then they hide information from the public, and now they are trying to get out of their future obligations," he said. "It’s just incredible! What next?"

This is the latest revelation about the Lane Cove Tunnel project, that has again raised concerns about how the public are being dealt with.

Mr. Lee also believes Theiss John Holland are not dealing openly with the public. "In terms of the community consultations programs they’re not up to scratch. There’s a lot of secrecy surrounding it (the Lane Cove Tunnel Project) still."

The community, through action groups such as the Lane Cove Tunnel Action Group and Residents Against Polluting Tunnels, have been calling for Theiss John Holland to increase their public accountability and transparent community consultation.

A spokesperson for Thiess John Holland said that the deed may be changed in the future to reflect the company’s "moral responsibility".

By Kate Schneider
03-05-2006

Un-filtered tunnel raises concern

Marden Street, Artarmon, and Sirius Road, Lane Cove West, ventilation control buildings (stacks)

Concern has been raised by the Lane Cove Council, community groups and residents of Lane Cove and surrounding areas that the unfiltered Lane Cove Tunnel will negatively impact the health of the community.

The Roads and Traffic Authority (RTA) has refused to use in-tunnel filtration technology, while the State Government has rejected the Federal Government’s $10 million contribution towards filtration.

Despite NSW Roads Minister Carl Scully announcing on March 14 2004 that world class tunnel filtration technology used in Japan will be trialled in a Sydney motorway, action has not yet been taken.

In-tunnel filtration involves the removal of fine particles from the tunnel air using electrostatic precipitators. The Lane Cove Council and the Lane Cove Tunnel Action Group (LCTAG) believe the health impacts of failing to filter the Lane Cove Tunnel will be of great cost to the community in the future.

Two pollutants threaten the health of motorists in the tunnel and residents near unfiltered stacks. Firstly, fine and ultra-fine particles can lodge deep in the lungs where they behave like gases, often passing into the bloodstream. They can cause heart disease and lung cancer.

Secondly, increased levels of nitrogen dioxide pose a health risk especially in closed environment such as tunnels. It can trigger severe asthma attacks. Other potential health problems include increased coughing and eye irritation.

LCTAG says that depending on the wind direction the two stacks currently being built will shower Lane Cove, parts of Artarmon and Chatswood West with poisonous pollution.

John Lee, the Director of Major Projects at Lane Cove Council, says there is a need for filtration as people may be exposed to high levels of pollutants.

“We are travelling longer in polluted tunnels, add to that the congestion in the road” he said.

He also says there is great secrecy surrounding the project, and that the government haven’t been keeping up their duty of care. He believes the poor handling of the project will see a huge cost to the community in future health care.

“Undoubtably the health impacts will be huge in the future,” he said. “Anyone who is likely to be in the influence of the plume (unfiltered pollution from the stack) and suffers from concentrates of the plume is likely to seek medical attention, as a minimum. There is a lot of evidence that suggests there is a general link between poor health and vehicle emissions.

“I am concerned about our residents.”

This is a position echoed by Glenda McSorley from LCTAG. “The emission comes down and moves like a wave – there is a real concern for the community and their health” she said.

She says the government should be doing more to ensure in-tunnel filtration is used in Sydney’s tunnels. “It comes down to duty of care. The government can’t knowingly make a decision that will be detrimental to the country.”

A spokesperson from Theiss John Holland, the company building the tunnel, says the company has no position on filtration as it is a decision left to the RTA. The spokesperson says that in-tunnel filtration is not a proven technology.

“Of course if we had a concern about air quality we would make it known… the air filtration technology is controversial” the spokesperson said.

However, the spokesperson, who is a Lane Cove resident, recognises the need for filtered tunnels.

“Of course everyone is sensitive about air quality. All the other tunnels should be filtered too," she said. "They want filtered tunnels, it’s fair enough.”

It has recently been revealed that residents near the Lane Cove Tunnel have been offered air ventilators designed for highly polluted regions. This has added to the concern about air quality.

The ventilation stacks, located in Sirius Road Lane Cove West and Marden Street Artarmon, are nearing completion.

By Kate Schneider
21-04-2006

These stickers which read "Unfiltered Tunnels Poison People" were publised by LCTAG and half a million copies have been distributed.