MINUTES OF MEETING - 412 Heritage Council of NSW · 2015-07-02 · Minutes of the Heritage Council of NSW Meeting – 3 December 2014 Page 3 of 13 The Office of Environment and Heritage

MINUTES OF MEETING - 412 Heritage Council of NSW

3 December 2014 Commencing at 10.30 am

Heritage Division, Office of Environment and Heritage 3 Marist Place Parramatta NSW

PRESENT Professor Lawrence Nield (Chair) Dr Deborah Dearing Mark Dunn Stephen Davies Jane Irwin Jennifer Davis Raymond Kelly (Aboriginal Representative) Josephine Wing (for Secretary, Department of

Planning & Environment) Bruce Pettman, Observer, Government

Architect’s Office Lisa Newell National Trust (NSW) Nominee

APOLOGIES Nil

HERITAGE DIVISION ATTENDEES

Dr Tracey Avery – Director, Heritage Division Kylie Seretis – Senior Manager Policy & Strategy Dr Siobhan Lavelle OAM – A/Manager, Listings Rochelle Johnston – Manager, Conservation Jacqueline Boer – Secretariat Services (minutes)

PRESENTERS Anthony Dann - Financial Controller, Regional Operations Group and Heritage Division – Item 7.1 Aris Josef - Branch Management Accountant, Regional Operations Group and Heritage Division – Item 7.1 Maryann Hamilton – Listings Officer – Item 5.1 Lucy Moore – Heritage Officer - Item 5.2 and 5.4 Rajeev Maini – A/Senior Team Leader - Item 8.3 Michael Ellis – A/Senior Team Leader - Item 9.2

1.0 Opening and Welcome

Meeting commenced at 10.45 am. Prof Nield welcomed Lisa Newell to the meeting.

1.4 Apologies, Confirmation and Timing of Agenda

Discussion The agenda and papers were confirmed with the following amendments: Financial reports from the financial controller will be presented later in this meeting –

Item 7.1 - Heritage Council finances Item 9.2 - 75-77 Lower Fort Street, Dawes Point.

Resolution The council noted the welcome, agenda and notice of late papers.

1.5 Declarations of Interest

Discussion Members advised of the following conflicts of interests (received prior to the meeting): Dr Dearing - Item 7.3 Sydney Harbour Foreshore Authority delegations Bruce Pettman - Item 8.3 CMPs, Education and Lands buildings Stephen Davies - Item 8.1 Millers Point update Stephen Davies - Item 8.3 CMPs, Education and Lands buildings.

Resolution The council noted the declarations of interest.

Minutes of the Heritage Council of NSW Meeting – 3 December 2014 Page 2 of 13

3.0 REPORTS

3.1 Chair’s Report

Discussion Prof Nield thanked Minister Stokes for attending the meeting this morning. The Bays Precinct, Sydney, International Summit was attended by Prof Nield and Dr Dearing. Prof Nield and Dr Avery visited the University of New England to discuss Robb College with the

university’s Vice Chancellor. Prof Nield reported the quality of the buildings is very high and a conservation management plan (CMP) is required. The Armidale Teachers College was also viewed and considered by both Prof Nield and Dr Avery to be a magnificent building.

The Sydney Harbour Control Tower had been discussed this morning with Minister Stokes. A briefing document from Sydney City Council on Millers Point was tabled for the information of

members. Numerous emails have been received regarding the sandstone buildings in Bridge Street,

Sydney, and possible future uses. An Expression of Interest process is underway. It is important that the Heritage Council remains involved.

Requested that the Dungog Theatre be progressed. Lennox Bridge, Parramatta – the upgrade is progressing and Prof Nield noted that new work can

be identified separately from previous work. When the bridge reopens, it is important that relevant and quality interpretation is provided.

Residents of Church Point have made representations regarding the development of a CMP – the local council wishes to fill in part of the harbour to build a car park. An overall management strategy is required.

Greek diaspora – an important contribution, noting former icons such as the Black and White milk bar in Martin Place, opened in the 1930s, and other genuine and original Australian milk bars established by Greek immigrants. Members suggested several possible sites including Darby Street in Newcastle and the Paragon, Katoomba.

Historic themes subcommittee – it is anticipated that a meeting of this subcommittee will take place in late January 2015, prior to next meeting of the Heritage Council in February.

In closing his report, Prof Nield thanked the council members and staff of the Heritage Division for their work throughout the year and wished everyone a safe and happy holiday season.

Resolution 212 That the council send a letter of thanks to Minister Stokes for attending this meeting. Moved by Josephine Wing and seconded by Stephen Davies.

3.2 Director, Heritage Division - report

Discussion Heritage Division work continues on building and managing strategic relationships for example with TfNSW, and on Millers Point where appropriate templates for CMPs are being developed.

Site tour last Friday with UrbanGrowth (North Parramatta Urban Renewal Project) attended by OEH staff and Jenny Davis as representative of the Heritage Council.

Inspected the refurbished Macquarie Bank building at 50 Martin Place (with Prof Nield) It was noted that positive precedents for engagement with the Heritage Council are important and

perhaps the Heritage Council could host an event or seminar to raise the profile of the Council.

2.0 Confirmation of Minutes

Discussion Minutes from the meeting of the Heritage Council on 5 November were considered and following amendments requested:

Items 5.3 and 9.1 – moved by Ray Kelly

Resolution 211 The Council resolved to accept the minutes (as a true record from the Heritage Council meeting held on 5 November 2014 (with amendments above).

Moved by Jenny Davis and seconded by Prof Nield.

2.2 Heritage Council regional visit report

No discussion


The Office of Environment and Heritage will close for the Christmas break as of Friday 19 December and reopen on Monday 5 January 2015.

Panels – a review of the eight existing panels will commence shortly. Research has taken place to determine the current status of panels as the terms of some members have expired while others have been renewed and are current. A number of panels continue to provide advice informally. The secretariat unit is expanding to a staff of four people and the review will begin within a week, and will include an examination of the terms of reference. Mark Dunn and Jenny Davis have formed a subcommittee to consider the future operation of the panels. A report will be presented to the Heritage Council in due course.

Mr Davies and Mr Pettman spoke on the value of the contributions of the panels (RPAP and TAG respectively). Members agreed that the review should be carried out quickly so that the smooth operation of the panels could resume.

Resolution The council noted the report.

3.3 Heritage Council Meeting Action Report

Discussion Members suggested the addition of items from the regional visit such as engagement with Aboriginal land councils (possible guidelines) review of the provision of local heritage advice (as raised by councils during the visit). The

Heritage Division advised that they are working on this currently.


3.4 Matters Approved Under Delegation - conservation matters

Discussion Rochelle Johnston – 75-77 Lower Fort Road, Dawes Point – a development application was refused.

Legal advice has been sought on joining a legal action with the City of Sydney (discussed at item 9.2).

Some SSDs have also been considered by the Conservation Team Dr Avery advised that PwC (formerly PricewaterhouseCoopers) will soon begin an audit of the

Heritage Division’s statutory and compliance processes, to ensure all are implemented correctly.


3.5 Matters Approved Under Delegation – listing matters

Nil matters

3.6 Matters Approved Under Delegation – NSW heritage grants matters

Nil matters

3.7 Interim Heritage Orders Under Delegation

Dr Lavelle advised that advice regarding the Interim Heritage Order (IHO) on 18 Wyatt Street Burwood was being provided the Minister.

4.0 Presentations in Addition to Agenda Items

Nil matters 5.0 Listing Matters for Consideration and Decision

5.1 Recommendation to List HMAS Sydney 1 – SMS Emden Memorial (moveable item)

Discussion Dr Lavelle stated that four submissions had been received, each supportive. The gun is included in the SHR listing for Hyde Park but this listing would protect the gun in its own right as a moveable item.

The gun holds historic significance as well as being a commemorative object, especially considering the centenary of World War I.

Resolution 213 That the Heritage Council: 1. in accordance with section 33(1)(d) of the Heritage Act 1977 (the Act) advise the Minister that the

item known as ‘HMAS Sydney 1 – SMS Emden Memorial’ at Hyde Park, Liverpool Street, Sydney, is of state heritage significance, as shown in the plan at Annexure A

2. recommend to the Minister, in accordance with sections 32(1) and (2) of the Heritage Act 1977, that the Minister direct the listing of the item, ‘HMAS Sydney 1 – SMS Emden Memorial’ at Hyde


Park, Liverpool Street, Sydney’, on the State Heritage Register 3. in accordance with sections 33(1)(e) of the Heritage Act 1977, give notice of its decision to

persons notified under section 33(1)(a) 4. in accordance with section 57(2) of the Heritage Act 1977, recommend that the Minister grant the

site specific exemptions at Annexure C from section 57(1) of the Act in addition to the Heritage Council Standard Exemptions.

Moved by Stephen Davies and seconded by Ray Kelly.

5.2 Recommendation to List Waratah Park (Skippy TV set), Warringah LGA

Discussion Members received a brief outline of the matter from Dr Lavelle. Remnants of this television location set, possibly the oldest surviving TV set in Australia, are intact.

The area is iconic as it represented an image of Australia to the rest of the world through the international distribution of the television series.

Fifteen submissions were received, all supportive of the listing and the owners, the Metropolitan Aboriginal Land Council, also supports the listing.

Members discussed the need for bushland and landscape management as part of the listing. Dr Lavelle advised that it was anticipated such matters would be addressed in a future CMP.

Resolution 214 That the Heritage Council: 1. in accordance with section 33(1)(d) of the Heritage Act 1977 advise the Minister that the item

known as “Waratah Park” at 13 Namba Road, Duffys Forest, is of state heritage significance, as shown in the plan at Annexure B

2. recommend to the Minister, in accordance with sections 32(1) and (2) of the Heritage Act 1977, that the Minister direct the listing of the item, ‘Waratah Park’ at 13 Namba Road, Duffys Forest, on the State Heritage Register

3. in accordance with sections 33(1)(e) of the Heritage Act 1977, give notice of its decision to persons notified under section 33(1)(a)

4. in accordance with section 57(2) of the Heritage Act 1977, in accordance with section 57(2) of the Heritage Act 1977, recommend that the Minister grant the site specific exemptions at Annexure C from section 57(1) of the Act in addition to the Heritage Council Standard Exemptions.

Moved by Jane Irwin and seconded by Bruce Pettman.

5.3 Recommendation to List Baiame Cave, Singleton LGA

Discussion Dr Lavelle reported that objections had been received early in the process, concerning the meaning of the place and the dirt road around the property, leading to questions on the curtilage.

The owners have agreed with the curtilage presented and issues such as dust and noise have been discussed with Singleton Shire Council.


known as ‘Baiame Cave’ at Welshs Road Milbrodale, is of state heritage significance, as shown in the plan at Annexure B

2. recommend to the Minister, in accordance with sections 32(1) and (2) of the Heritage Act 1977, that the Minister direct the listing of the item, ‘Baiame Cave’ at Welshs Road Milbrodale, on the State Heritage Register

3. in accordance with sections 33(1)(e) of the Heritage Act 1977, give notice of its decision to persons notified under section 33(1)(a).

Moved by Ray Kelly and seconded by Prof Nield.

5.4 Recommendation to List - Lower Prospect Canal Reserve, Holroyd LGA

Discussion Dr Lavelle explained that this listing completes a listing of Upper Nepean Water Supply Scheme. This nomination is a logical addition to other parts of the scheme already on the state heritage

register.


known as ‘Lower Prospect Canal Reserve’ in Holroyd LGA, is of state heritage significance, as shown in the plan at Annexure B;

2. recommend to the Minister, in accordance with sections 32(1) and (2) of the Heritage Act 1977,


that the Minister direct the listing of the item, ‘Lower Prospect Canal Reserve’ in Holroyd LGA, on the State Heritage Register


4. in accordance with section 57(2) of the Heritage Act 1977, recommend that the Minister grant the site specific exemptions at Annexure C from section 57(1) of the Act in addition to the Heritage Council Standard Exemptions.

Moved by Dr Dearing and seconded by Josephine Wing.

5.5 Recommendation to List - Cootamundra World War II Fuel Depot, Cootamundra LGA

Discussion Dr Lavelle pointed out that is Intact and substantial example of inland fuel depot; technology of how the site functioned is still clearly evident.

Cootamundra Shire Council supports the listing and Crown Lands does not object. Ms Hanna pointed out that post World War 2 structures will be removed due to contamination issues.


known as ‘Cootamundra World War II Aviation Fuel Depot’ at 219 Sutton Street, Cootamundra, is of state heritage significance, as shown in the plan at Annexure B

2. recommend to the Minister, in accordance with sections 32(1) and (2) of the Heritage Act 1977, that the Minister direct the listing of the item, ‘Cootamundra World War II Aviation Fuel Depot’ at 219 Sutton Street, Cootamundra, on the State Heritage Register


4. in accordance with section 57(2) of the Heritage Act 1977, in accordance with section 57(2) of the Heritage Act (1977), recommend that the Minister grant the site specific exemptions at Annexure C from section 57(1) of the Act in addition to the Heritage Council Standard Exemptions.

Moved by Mark Dunn and seconded by Prof Nield.

5.6 Campbellfield House (Dr Redfern’s cottage), Minto

Discussion An information report had been prepared by the Listings Team as the Chair had received enquiries from the Medical Historians Association as an IHO had not been recommended for this property.

The property has been referred to the Heritage Division a number of times since 2009 but it is not considered to meet the criteria for state heritage significance.

Prof Nield advised that medical historians have advocated for this property as very little physical material to celebrate Australia’s first medical graduate is available to form a focus for commemorations.

Mr Dunn pointed out that Dr Redfern was indeed a significant historic figure, but even so, this building does not have sufficient connections to Dr Redfern to also have significance.

Dr Lavelle suggested that perhaps the medical historians who are in favour could suggest other ways to communicate Dr Redfern’s legacy.

Resolution 218 That the Heritage Council of NSW: 1. noted that the director, as delegate of the Heritage Council has advised that the property is

unlikely to meet the criteria for state heritage significance 2. requested the Heritage Division to write to Campbelltown Council advising them of the presence

of an archaeological resource at the property and the need for these to be managed as part of any future development, and that the Heritage Council supports inclusion of the property in the LEP

3. requested the Heritage Division to provide a letter for signature by the Chair in response to the association of medical historians.

Moved by Prof Nield and seconded by Stephen Davies.

5.7 Recommendation to revoke IHO over the former BHP buildings (the Medical Centre, the Master Mechanics Office and the Pattern Store), Mayfield

Discussion Presentation by Dr Lavelle on why the IHO should be revoked. A comprehensive report by a consultant experienced in heritage assessment and with considerable knowledge of sites associated with the steel-making industry, found the three buildings to be of local significance.


The same report has identified an alternative precinct of high quality buildings that may be appropriate for a future SHR listing recognising the operations of BHP at Newcastle.

Resolution 219 That the Heritage Council 1. Notes the findings of the Assessment of Cultural Heritage Significance report for the ‘former BHP

Medical Centre, Master Mechanics Office and Pattern Store’ prepared by High Ground Consulting in November 2014

2. Notes the assessment provided by the Heritage Division in this report that the BHP buildings are of local heritage significance

3. Advise the Minister that the item known as ‘former BHP Medical Centre, Master Mechanic’s Office and Pattern Store’ at David Barker Road and Selwyn Street, Mayfield North, is of local heritage significance, as shown in the plan at Annexure B

4. Recommend to the Minister, in accordance with sections 29 (3) of the Heritage Act 1977, that the Minister revoke the IHO (No.121) over the, ‘former BHP Medical Centre, Master Mechanic’s Office and Pattern Store’ at David Barker Road and Selwyn Street, Mayfield North

5. In accordance with section 29 (5)(a) of the Heritage Act 1977, give notice of the revocation of the order by publication in the NSW Government Gazette

6. In accordance with section 29 (5)(b) of the Heritage Act 1977, give notice of the revocation of the order to any known affected owner or occupier

7. In accordance with section 29 (5)(c) of the Heritage Act 1977, within 7 days after notice of the revocation of the order is published in the NSW Government Gazette, give notice of the revocation of the order in a newspaper circulating in the area in which the item is situated

8. Approves the commissioning of a further report and assessment to inform a State Heritage Register nomination for a BHP Precinct to include the administration building, the central control laboratory and possible additional ancillary buildings.

Moved by Dr Dearing and seconded by Jenny Davis.

5.8 Nomination for an Interim Heritage Order Hamilton House

Discussion The Heritage Division received a request from the Australian Institute of Architects for an IHO over Hamilton House at 3 Pindari Place, Bayview. The house was designed by the architect Peter Muller and was built in 1962 for Hugh and Ann Hamilton.

The house has been recommended for inclusion in the Pittwater Local Environmental Plan but is not yet included and there is a Complying Development Certificate for demolition.

The director advised that owing to the urgency of the matter and the potential threat to the house she had acted a delegate of the Heritage Council to recommend an IHO be made.

Resolution 220 That the Heritage Council: 1. notes that the Director, Heritage Division as Delegate of the Heritage Council had advised the

Minister to make an IHO over Hamilton House at Bayview 2. considers that Hamilton House is potentially of state significance 3. requests that the Australian Institute of Architects should provide nominations for the nearby

houses, the Slade and Curry House as these may also be of potential State significance, with those nominations to be presented to the SHR Committee.

Moved by Josephine Wing and seconded by Mark Dunn.

6.0 Conservation Matters for Consideration and Decision

Nil matters

7.0 Administrative and Policy Matters for Consideration and Decision

7.1 Heritage Council finances – presentation by Anthony Dann and Aris Josef

Mr Dann presented a summary of the assets, liabilities, revenue and expenses of Heritage Council finances.

In February 2015, Mr Dann will present the budget for approval by the Heritage Council.


http://www.austlii.edu.au/au/legis/nsw/consol_act/ha197786/s4.html#affected_owner_or_occupier

http://www.austlii.edu.au/au/legis/nsw/consol_act/ha197786/s4.html#area

http://www.austlii.edu.au/au/legis/nsw/consol_act/ha197786/s4.html#item


7.2 Delegations for Conservation Management Plans

Discussion Ms Johnston addressed the council on procedures for endorsing CMPs.

Resolution 221 In accordance with section 169(3) of the Heritage Act 1977, that the Heritage Council: 1. agrees to delegate the function of endorsing Conservation Management Plans under section 38A

of the Heritage Act 1977, set out in Annexure B of the prepared report 2. seeks the consent of the Minister to this delegation.

Moved by Stephen Davies and seconded Josephine Wing.

7.3 Sydney Harbour Foreshore Authority delegations

Discussion Dr Dearing excused herself from the meeting, due to her declared conflict of interest. As a result of changes to management within the Sydney Harbour Foreshore Authority, the

delegation was amended to reflect a new position holder.

Resolution 222 In accordance with section 169(3) of the Heritage Act 1977, that the Heritage Council: 1. agrees to delegate certain functions of the Heritage Council to the Authority, on the terms set out

in Annexure B 2. agrees that the revised delegation at Annexure B will repeal and replace the delegation of

Heritage Council functions to the Authority dated 12 November 2006 3. seeks the consent of the Minister to this revised delegation. Moved by Jane Irwin and sectioned by Prof Nield.

8.0 Matters for Information or Noting

8.1 Millers Point Update

Discussion Mr Davies excused himself due to a declared conflict of interest. Three CMPs have been approved under delegation. Reports of some unauthorised works have

been received. Council members again stressed the necessity of informative brochures and CMPs for

purchasers of properties in Millers Point, including detailed guidelines and policies on what is permissible when renovating.

Resolution 223 The Heritage Council recommends that: 1. all present and future purchasers of properties in Millers Point be informed of the DCP, LEP and

the CMPs relevant to their property 2. the Director discusses these with the Land and Housing Corporation. Moved by Prof Nield and seconded by Jane Irwin.

8.2 Parramatta North Renewal Project, UrbanGrowth NSW

Discussion Reports and information on rezoning are with Michael Ellis. Dr Avery spoke on building heights and various aspects of the design of the project and perceived changes to the planning controls.

Resolution 224 That the Heritage Council: 1. delegates the review and submission of the Parramatta North Urban Renewal area rezoning

application to the Director, Heritage Division. Moved by Prof Nield and seconded by Dr Dearing.

8.3 Update on CMPs – Education and Lands buildings, Sydney

Discussion Rajeev Maini reported that the Heritage Division is in the process of assessing the recommendation of the CMPs for these buildings and amendments have been suggested.

The amended CMPs should be available in the near future. A proposed out of session meeting on this matter will no longer be required.


8.4 2015 Meeting Dates Proposed

Resolution The council noted the dates provided.


I confirm that these minutes are an accurate reflection of the Heritage Council of NSW discussion and resolutions.

……………………………………………. Professor Lawrence Nield Chair Heritage Council of NSW Date: 11 February 2015

9.0 General Business

9.1 Proposed additional SHR committee meeting to be held in January 2015 – noted this would not be needed due to extended advertising periods over Christmas.

9.2 75-77 Lower Fort Street, Dawes Point

Discussion The owners of this property have carried out renovations that have allegedly harmed the integrity and character of the property. An invitation for the Heritage Council to become a party in the proceedings (together with the City of Sydney) was discussed.

Resolution 225 That the Heritage Council: 1. confirms that it does not seek to be joined in the proceedings in the Land and Environment Court

of NSW, Case no. 10909 of 2014 2. notes that Development Application D/2014/754 proposal at 75-77 Lower Fort Street, Dawes

Point would set an adverse precedent and harm the integrity and character of the Millers Point & Dawes Point Village Precinct

3. delegates any other matter that may arise relating to Case no. 10909 of 2014 in the Land and Environment Court, or the Development Application D/2014/754 to the Director, Heritage Division.

Moved by Jenny Davis and seconded by Josephine Wing.

9.3 Heritage Council Committee Membership

Discussion Members decided that both the Approvals and State Heritage committees would benefit from Ms Newell’s experience and knowledge.

Resolution 226 That the Heritage Council: 1. appoints Lisa Newell to both the Approvals Committee and the State Heritage Register

Committee for the period of her appointment to the Heritage Council of NSW. Ms Newell may move between committees, participating in the committee that requires her expertise more.

Moved by Josephine Wing and seconded by Prof Nield.

Meeting closed at 3.15 pm


Annexure B Agenda item: 5.1

The HMAS Sydney 1 – SMS Emden Memorial - listing boundary recommended



Waratah Park (Skippy TV set), Warringah LGA - - listing boundary recommended



Baiame Cave, Singleton LGA - listing boundary recommended



Lower Prospect Canal Reserve, Holroyd LGA - listing boundary recommended



Cootamundra World War II Fuel Depot, Cootamundra LGA – listing boundary recommended

Documents

MINUTES OF MEETING - 412 Heritage Council of NSW · 2015-07-02 · Minutes of the Heritage Council of NSW Meeting – 3 December 2014 Page 3 of 13 The Office of Environment and Heritage