This article is more than 1 year old

This article is more than 1 year old

A legal challenge to the New South Wales government’s controversial plan to demolish Sydney’s Allianz Stadium before next month’s state election has heard the government “suppressed” the release of a report showing the site was contaminated with potentially carcinogenic material.

Local Democracy Matters, a group set up to fight the amalgamation of Randwick and Waverley councils 18 months ago, is seeking to halt the demolition of the stadium before the election by arguing the government failed to follow its own planning rules.

Wednesday was the first day of an expedited trial in the NSW land and environment court against Infrastructure NSW, the government agency responsible for the $700m demolition and rebuild.

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In his opening address Tim Robertson, the group’s barrister, argued the government had failed to exhibit the development application for the required period, didn’t follow design excellence criteria and failed to follow its own rules on contaminated soils.

During the trial on Wednesday, Robertson said the government had “suppressed” information about contamination on the site – pointing to a consultants report prepared for the government which found “carcinogenic” materials on the site, as well as a number of other contaminants.

A draft version of the report was prepared in June – during the exhibition period for the stadium demolition. Robertson told the court the report should have prompted “further investigation” by the government.

“That fact was known by Infrastructure NSW, but suppressed,” he said. “They knew it during the exhibition period.”

But the barrister for the government, Sandra Duggan SC, interjected to call Robertson’s claim the report was suppressed “outrageous”, accusing him of “playing to the gallery”.

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“There is no evidence my client had this document within that period. The document is dated by its author. There is no evidence to support the outrageous suggestions that are being put on a basis which is not supported by the evidence,” she said.

Outside the court before the hearing on Wednesday, Local Democracy Matters treasurer Chris Maltby said the group had taken the case because “no one else was prepared to do it”.

“This is about the government sticking by its own legislation,” he said.

“If you’re going to have planning laws and expect the development community, mums and dads and everybody to follow them, you really have to set an example,” he said.

