Six Paddington residents have asked the Australian Human Rights Commission to intervene to stop the construction of a bike lane on Sydney’s Oxford Street, claiming it will be discriminatory against the elderly and the disabled.
The formal complaint centres on so-called “island bus stops” created by the separated cycleway, which force passengers to cross the bike lanes to get from the footpath to the bus stop. These bus stops are already found along some Sydney cycleways.
Michael Waterhouse and Kathryn Greiner, two of the six complainants, at a bus stop outside Waverley Bus Depot on Oxford Street in Bondi Junction.Credit: Steven Siewert
“For older and disabled people, the risk of being hit by a cycle is considerable,” the complaint says. “Anyone who has encountered cyclists on Sydney’s roads will know the speeds at which they often travel and the propensity of many of them to ignore traffic lights and pedestrians.”
The commission would not confirm whether it had initiated a conciliation and said it did not comment on individual complaints.
The complainants, who include former City of Sydney councillor Kathryn Greiner, want the commission to ask the City of Sydney council to stop construction of the western part of the cycleway, which runs from the CBD to Taylor Square, and to ask Transport for NSW to suspend planning of the eastern part, which continues from Taylor Square to Centennial Park.
Michael Waterhouse, 80, who has some deafness and uses a hearing aid, is leading the complaint. The former banking executive and federal treasury adviser said his interest was triggered by a near-miss with a cyclist on a shared path while he was looking at his phone.
“It was my fault. But I realised this could happen to anybody of a certain age,” Waterhouse said. “The more I looked into it, the more I thought, ‘This is bizarre’. I’m really concerned about it.
“The whole cycling thing is good on one level. Unfortunately, there are a number of cyclists who will cause problems. The demographic of Paddington is getting older. There are a lot of people around who I think will be affected.”
The full 14-page complaint includes video clips of crashes or near-misses at so-called “floating” bus stops in London, where they are common, posted on X by the National Federation of the Blind of the UK.
Before his recent re-election, London mayor Sadiq Khan said the bus stops protected cyclists from being injured or killed by buses, but that a review was under way due to concerns for the visually impaired.
Kathryn Greiner and Michael Waterhouse allege the Oxford Street cycleway discriminates against the elderly and the disabled because it will use seven “floating” bus stops. Pedestrians will need to cross the bike lane to catch a bus.Credit: Steven Siewert
The complaint also references a 2020 tribunal decision in Canada’s British Columbia province, which found such bus stops discriminated against blind people, and prompted a redesign.
“There’s no reason to expect that Oxford Street cyclists will be any better than those in the UK,” the residents say. “Several long stretches on the Oxford Street cycleway will allow cyclists to gather momentum and travel at high speed.”
Another risk factor was “the use of e-bikes by people under the influence of alcohol”, they said.
The Paddington six say the floating bus stops would breach the spirit, “if not the letter”, of Australia’s Disability Standards for Accessible Public Transport.
“We are not opposed to improving cyclist safety. This would make no sense,” they say. “We just don’t want this to be prioritised ahead of the safety of pedestrians, particularly those who are older and disabled.”
Transport for NSW said it was committed to safe and accessible transport for everyone, including cyclists, bus passengers and pedestrians. It said it had briefed the Accessible Transport Advisory Committee and had sought feedback on the proposed bus stop concept designs.
“We are working with the City of Sydney who are responsible for bus stops in their LGA and are experienced in installing widened bus stops,” Transport for NSW said, citing an example at the corner of Bourke and Nicholson streets in Woolloomooloo.
The City of Sydney said the Oxford Street West cycleway had undergone extensive community consultation and the bus stops had been designed to meet current safety and accessibility requirements, including marked pedestrian crossings and fences between the bike lane and people waiting for buses.
“We know many people riding currently use the footpaths along Oxford Street, and we expect the dedicated cycleway will greatly reduce this happening,” a council spokesperson said.
“All road users, including people riding, must obey the rules and give way to anyone walking. People’s safety on the whole road system relies on others doing the right thing.”
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