MINUTES OF MEETING 431 Heritage Council of NSW€¦ · included in future GTAs providing a reference point for impacts of development works on SHR items. Noted The Heritage Council

MINUTES OF MEETING – 431 Heritage Council of NSW

6 July 2016 Commencing at 9:05 am

Office of Environment and Heritage Level 6, 10 Valentine Ave

Parramatta

PRESENT

Mr Stephen Davies (Chair) Dr Mark Dunn (Deputy Chair) – via phone for item 1.3. Dr Deborah Dearing Ms Jane Irwin Ms Lisa Newell (National Trust (NSW) Nominee) Mr Gary White (for Secretary, Department of Planning & Environment) Mr Bruce Pettman (Observer, Government Architect’s Office)

APOLOGIES Ms Jennifer Davis Dr Raymond Kelly Mr Peter Poulet (Observer, Government Architect)

HERITAGE DIVISION ATTENDEES

Ms Pauline McKenzie – A/Executive Director, Heritage Division Ms Alice Brandjes – A/Senior Manager, Policy & Strategy Mrs Lucy Hampton – A/Manager, Listings Ms Rochelle Johnston – A/Senior Manager, Conservation Mr Rajeev Maini – A/Manager, Conservation Ms Sarah Paddington, Mr Robert Nicoll, Mrs Colleen Klingberg – Secretariat Ms Carole Lynne Kerrigan (Item 4.2), Mr David Nix (Item 4.3) – Conservation

1.0 Opening and Welcome

The meeting commenced at 9.05 am.

The Chair, Mr Stephen Davies gave an Acknowledgment of Country.

Agenda Item 1.3 Declarations of Interest

Discussion Members were advised of nil conflicts of interests prior to the meeting.

Declaration in relation to items added to the agenda after declarations were called for:

Mr Gary White (for Secretary, Department of Planning & Environment)

– Item 4.1 – Planning Update – Department of Planning and Environment

Mr Gary White left the meeting room for the consideration of the Heritage Council (HC) on his

participation in the presentation on planning update as an observer and ability to participate in

decision making on matters of process but not matters of substance in regards to the planning

update.

Resolution 2016-82. The Heritage Council of NSW:

1. Noted the Declarations of Interest;

2. Agrees that the conflict of Mr Gary White does not prevent him from participating in the

presentation from the Department of Planning and Environment as an observer.

3. Agrees that Mr Gary White can participate in decisions on matters of process.

Moved by Ms Lisa Newell and seconded by Mr Stephen Davies.

Agenda Item 1.1 NAIDOC Week Welcome

Discussion Dr Mark Dunn left the meeting and Mr Gary White returned to the meeting.

Mr Cliff Daylight from the Heritage Division provided a presentation on the history and significance

of NAIDOC week and on the 2016 NAIDOC theme, ‘Songlines’.

Noted The Heritage Council of NSW noted the presentation.

Agenda Item 1.2 Apologies, Confirmation and Timing of Agenda

Discussion Apologies received from:

Minutes of Heritage Council of NSW Meeting – 6 July 2016 Page 2 of 12

– Dr Mark Dunn (Deputy Chair) for the remainder of the meeting.

– Ms Jennifer Davis

– Dr Raymond Kelly

– Mr Peter Poulet

Printed copies were provided of the updated agenda and papers for:

– Item 9.1.1 Heritage Council Business Planning Day Report

Additional documents also provided during the meeting:

– Item 9.2 Draft Heritage Council Regional Visit Itinerary 2016

– Minister Speakman’s 14 June 2016 letter to the Department of Planning and Environment

on Campbell’s Stores, The Rocks – Application SSD 7056.

– Map showing Ownership Patterns Millers Point/The Rocks Conservation Areas.

Noted The Heritage Council of NSW noted the welcome, apologies made, papers received and confirmed

the agenda.

2.0 Confirmation of Minutes

Agenda Item 2.1 Heritage Council of NSW meeting of 1 June 2016

Discussion Members reviewed the draft minutes of the 1 June 2016 HC meeting.


1. Accepts the minutes as a true record of the Heritage Council meeting held on

1 June 2016.

Moved by Ms Jane Irwin and seconded by Mr Stephen Davies.

Agenda Item 2.2 Heritage Council June 2016 Out of Session Decisions

Discussion Nil matters determined by the HC out of session in June 2016.

3.0 Reports

Agenda Item 3.2 Executive Director’s report

Discussion The Acting Executive Director, Ms Pauline McKenzie presented the prepared report and provided

updates on the following matters:

Committee nomination advertisement closing on the 20 July, members agreed to share the call for

nominations with associates and networks to encourage applications.

Gledswood Estate – paper to August meeting – explaining the complex matter.

Coutts Sailor Home State Heritage Register (SHR) Item 01842

– Land and Environment Court matter between owners and Newcastle City Council in

relation to adjoining development and impacts on SHR item.

– Approvals Committee determined to approve application and provided General Terms of

Agreement (GTA) to Newcastle City Council.

– HD has carried out a site visit to understand impacts on Coutts Sailor Home.

– A new Development Application (DA) has been received for another property adjacent to

Coutts Sailor Home.

Additional items

Ms Sarah Paddington is returning to the role of Team Leader Secretariat with Mr Robert Nicoll

moving to a role in the Director’s Team.

Members noted:


Report on the Coutts Sailor Home and that a dilapidation report should be considered to be

included in future GTAs providing a reference point for impacts of development works on SHR

items.

Noted The Heritage Council noted the report.

Agenda Item 3.1 Chair’s report

Discussion The Chair reported to members on:

Minister Speakman’s 14 June 2016 letter to the Department of Planning and Environment on

Campbell’s Stores, The Rocks – Application SSD 7056.

Discussing recruitment of new HC members with Minister Speakman.

Recent successful event to celebrate the listing of The Greek Orthodox Cathedral of Saint Sophia

(Agia Sophia), Paddington on the State Heritage Register (SHR) with Minister Speakman, Chair

and other HC members in attendance.

Congratulations to HD staff Mrs Lucy Hampton and Ms Xanthe O’Donnell for the event.

Upcoming meeting on Heritage Communication and Publications. Chair will be meeting with

Government Architect and Heritage Near Me (HNM) team to discuss possible joint publications

and to ensure consistent NSW Government communication on heritage matters.

Members noted:

Former HC members and HD staff who participated in the early stages of listing items should be

invited to attend listing events to also celebrate the achievement.


Action Former HC members and HD staff who participated in the early stages of listing items should be

invited to attend listing events to also celebrate the achievement.

Agenda Item 3.1.1 Decisions Exercising the Authority of the Chair

Discussion The Chair reported to members that as Chair he signed a s136 Order Restricting Harm to protect

a place containing historical archaeological relics on 10 June 2016 for 6-8 Pitt Street Windsor

NSW 2756


Agenda Item 3.3 Heritage Council Action Report

Discussion Members reviewed the current Heritage Council Meeting Action Report.

Nil questions raised.


1. Noted the information in the report.

Moved by Ms Deborah Dearing and seconded by Ms Lisa Newell.

Agenda Item 3.4 Conservation Matters Approved Under Delegation

Agenda Item 3.5 Listing Matters monthly update

Agenda Item 3.6 Grant Matters Approved Under Delegation

Agenda Item 3.7 Compliance Matters monthly report

Agenda Item 3.8 Major Planning Matters Report

Discussion Items 3.4, 3.5, 3.6, 3.7 and 3.8 were discussed together with the HD management team answering

questions.

3.4 Conservation – Matters Approved Under Delegation.


3.5 Listing Matters monthly update.

3.6 Grants – Matters Approved Under Delegation.

3.7 Compliance Matters monthly report.

3.8 Major Planning Matters Report.

Members noted the reports and congratulated the HD on reducing timeframes on compliance

matters.


Action HD to obtain the flyer for the 25 July event GA200+ Forum ‘What is it about living in Sydney’

Ms Lucy Hampton from HD to follow up with Mr Gary White on local heritage connections

4.0 Presentations

Agenda Item 4.1 Planning Update – Concurrence and Referral Provisions

Discussion Ms Michelle Woods, Mr Mark Schofield and Ms Suzanne Clarke-Nash from the Department of

Planning and Environment (DP&E) presented advising:

DP&E have held targeted consultation with industry and other stakeholders, looking to test

options before bedding down options as government policy.

Minister Stokes is focused on ensuring community confidence in amendments to facilitate

Sydney’s growth.

Members discussed the matter noting:

The proposed changes will facilitate

– Manual system and support will be provided for community members with limited

computer ability or from a non-English speaking backgrounds.

There is a need for

– Local Environmental Plans (LEPs) to have regular ‘health checks’ to assess if

amendments are required.

– Management of access to commercial in confidence information by internal and external

parties.

– Integration of ePlanning system with Land and Property Information (LPI) data and the

Heritage Management System (HMS) data.

– Consideration on resources required to enable links between systems.

– Links in the new ePlanning system to current guidelines and documents.

– Mechanisms to manage conflicts between stakeholders and clear indication if local

government or DP&E will have ownership of resolving matters.

– Education and consultation with stakeholders to enable proposal to progress and be

implemented.

Need to provide a focus on heritage and other place values in strategic plans to better address

heritage.

Current planning instruments are restrictive and a review is needed of LEP and Development

Control Plan (DCP) templates in order for heritage to be addressed more strategically and

enabling the instruments to be more effective.

Support the idea of brokering matters early in the process of an application, increasing support for

local government and incorporation of more strategic content in planning instruments.

Dr Deborah Dearing advised that the District Plans currently under development by Greater

Sydney Commission are expected to be available for public comment in November 2016. The

exhibition period is planned to be long to enable community engagement.

Confidence is system will occur when simple DAs are processed efficiently.



1. Notes the information in the report and presentation received;

2. Notes that the Heritage Division will develop comment to the information provided on the

proposed planning amendments and circulate to Heritage Council members by 11 July

2016; and

3. Agrees to provide comment to the Heritage Division by 14 July 2016 to convey to the

Department of Planning and Environment by 15 July 2016.

Moved by Ms Lisa Newell and seconded by Mr Stephen Davies.

Action HD to distribute comments on proposed planning amendments reforms and circulate to Heritage

Council members by 11 July 2016.

HD to collate HC comments and provide comments to DP&E by 15 July 2016.

9.0 General Business

Agenda Item 9.2 Heritage Council Regional Visit

Discussion The Chair referred to draft itinerary provided to the meeting requesting Members provide

feedback to the HD on the proposed itinerary and content by 13 July 2016.


Ms Jane Irwin advised that information had been provided to enable the consideration of the

overall system of landscape and geology overlain by Aboriginal Cultural Heritage, modern society

and supporting legislation.

Suggestion for HD to attempt to provide mapping of area to be visited illustrating location of

Aboriginal Places, Conservation Areas, National Parks, LEP listed items and SHR items.


Action HD to provide mapping of area illustrating key heritage and conservation aspects.

Members to provide feedback on proposed itinerary by 13 July 2016.

5.0 Legislative, Policy and Administrative Matters for Consideration & Decision

Agenda Item 5.1 Heritage Council and Committees Remuneration

Discussion Ms Pauline McKenzie, Ms Alice Brandjes and Mr Rob Nicoll presented advising:

HC member fees have not increased since 1997.

There have been significant changes in the nature of the work the HC and the level of time

commitment required of members.

An increase in remuneration fees for HC members is outside the endorsed budget of the 2016/17

financial year.

The payment of committee sitting fees for HC member attendance at sub-committee meetings is

accounted for in the 2016/17 budget and can be implemented immediately.


The Strategy and Finance Sub-Committee can consider longer term budget implications of an

increase in HC member fees.


1. Notes the information in the report.

2. Agrees to increase the funds allocated for remuneration in the 2016/17 budget to a

maximum of $225,000 if changes to remuneration are approved by the Minister and

Cabinet.

Moved by Mr Stephen Davies and seconded by Ms Jane Irwin.


Action HD to begin process to set up payments to HC members for attendance at sub-committee

meetings.

Agenda Item 5.2 Heritage Council Delegations – Training for Heritage Division Staff

Discussion Ms Alice Brandjes presented advising:

Training on delegations as previously proposed by the HD and endorsed by the HC is now to be

implemented for HD staff.

A training manual and a number of resources to support the management of delegations have

been developed.


Support for the training manual, process for training HD staff in the use of delegations and

resources prepared to support the management of delegations.


4.0 Presentations - continued

Agenda Item 4.3 White Bay Power Station - UrbanGrowth NSW

Discussion Mr Joseph Ravi and Ms Kate Sheehan from Urban Growth NSW (UGNSW), Mr Alan Croker from

Design 5 and Mr Gerard Reinmuth from Terroir presented advising:

The project is at the early concept design plan stage.

The Conservation Management Plan (CMP) was endorsed in 2013 for a period of ten years to

2023 and will guide design direction.

The power station will drive the urban design framework and be the centrepiece of a new

technology hub.

Mandatory outcomes include maintaining heritage view corridors, providing public access to

significant features including remaining equipment and delivery of public domain value. These are

noted in the endorsed CMP.

Mandatory outcomes are included in design as part of defined design envelopes supported by

advisory criteria for design.

Access to the power station, includes a waterfront promenade.

Provides a guide to how development in the Bays Precinct will proceed.

The next step is to develop the master plan to set out proposed rezonings

The HC will be consulted on proposed rezonings in late 2016 with an aim to lodge rezonings in

early 2017.

UGNSW will be the master developer on the project.


Impacts on heritage aspects and future interpretation and access.

Contamination issues within the power station building and what it means for future use. Main

contamination on site is residue coal dust.

UGNSW has considered lessons from successful technology hub developments (Roosevelt

Islands in New York City, Battersea Power Station in London) to apply to the masterplan process.

Importance of a strategy to address heritage artefacts that are currently being stored on the power

station site including materials from Barkers Mill.

UGNSW is open to option to reinstate Barkers Mill as part of discussions to develop the master

plan.

The power station development will be an evolving process that is a catalyst for the larger precinct

development process.

Consideration for keeping the railway line open as a possible light rail route.

Need to have contextual understanding of adjacent developments.

Public space and historical buildings along Robert Street should not be encroached by building

envelopes.


Importance of consideration of access points for pedestrians and vehicles.


1. notes the information in the report;

2. considers the presentation; and

3. notes that the Heritage Division will prepare a letter for Heritage Council comment prior to

providing the letter to Urban Growth NSW.

Moved by Mr Stephen Davies and seconded by Ms Lisa Newell.

Action HD to prepare a letter for HC review prior to providing comments to UGNSW.

Agenda Item 4.2 Westconnex M4-M5 Link – RMS, Sydney Motorways Corporation

Discussion Mr Dennis Gojak of Roads and Maritime Services; Mr Tom Kennedy and Ms Verity Humble-Crofts of

Sydney Motorways Corporation; and Ms Claire Nunes of GML Heritage presented advising:

Consultation is underway for the developed design phase.

Interchanges are part of Phase 3 of the M4 & M5 link. Phase 3 has an urban design focus.

EIS process has just commenced with an aim to lodge the EIS in early 2017.

Urban designers have been engaged to provide contextual analysis especially in relation to

surface interventions.

Six urban design principles have been developed to test all design.

The proposed Rozelle interchange will be situated mainly in the Rozelle Rail Yards and elevation

kept as low as possible. Some surface roads will be included in the interchange and a tunnel is to

be included to the south west of the Rozelle Rail Yards.

SHR, local heritage items, s170 items and heritage conservation areas are nearby to works.

The proposed Rozelle interchange provides an opportunity to document heritage and provide for

interpretation and community engagement.

Options for the Camperdown interchange on and off ramps are currently being investigated and a

decision is to be made in the coming month.

RMS requested that a sub-committee be developed to assist in progressing works.


Expressed concern about the width of the corridor and inclusion of the entire Rozelle Rail Yards in

the works.

Heritage to be considered at the outset in all analysis and urban design.

Surface works not adequately addressed.

The need for consideration of heritage matters in Rozelle Rail Yards and Camperdown Road are

acknowledged in the context of the heritage conservation areas surrounding the proposed sites

including Sydney University.

The redevelopment of the ANZAC Bridge / City West Link / Victoria Road intersection.

Opportunity for green space in areas not occupied by the development.

Quality urban design should drive engineering solutions.

The Camperdown corridor is narrow resulting in spatial challenges for ramp options in relation to

significant heritage sites, heritage conservation areas and the future development of alternative

modes of transport that include bus and light rail.

Consideration of transport link at Missenden Road for Royal Prince Alfred Hospital.

The HC will identify appropriate times for future engagement on design elements.


1. notes the information in the report;

2. considers the presentation; and

3. notes that the Heritage Division will prepare a letter for the Heritage Council comment

prior to providing the letter to Roads and Maritime Services and Sydney Motorways

Corporation.

Moved by Ms Jane Irwin and seconded by Dr Deborah Dearing.


Action HD to prepare a letter for HC review prior to providing comments to RMS.

6.0 Listing Matters for Consideration & Decision

Agenda Item 6.1 Recommendation to List – The Greatest Wonder of the World and the

American Tobacco Warehouse and Fancy Goods Emporium, Gulgong.

Discussion Ms Lucy Hampton presented advising that there were no issues identified for the recommendation

to list The Greatest Wonder of the World and the American Tobacco Warehouse and Fancy

Goods Emporium, Gulgong on the SHR.

Members discussed the matter noting all submissions received were in support of the listing.


1. in accordance with section 33(1)(d) of the Heritage Act 1977 advise the Minister that the

items known as “The Greatest Wonder of the World and the American Tobacco

Warehouse and Fancy Goods Emporium” at 123-125 Mayne Street, Gulgong, is of state

heritage significance, as shown in the plan at Annexure B of the prepared report and

Annexure A of these minutes;

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, “The Greatest Wonder of the World

and the American Tobacco Warehouse and Fancy Goods Emporium” at 123-125 Mayne

Street, Gulgong, on the State Heritage Register;

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

persons notified under section 33(1)(a); and

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

exemption at Annexure C from section 57(1) of the Act in addition to the Heritage Council

Standard Exemptions.

Moved by Mr Stephen Davies and seconded by Dr Deborah Dearing.

Agenda Item 6.2 Recommendation to List – St. James Anglican Church Group, Morpeth

Discussion Ms Lucy Hampton presented advising that there were no issues identified for the recommendation

to list St. James Anglican Church Group, Morpeth on the SHR.

Members discussed the matter noting all submissions received were in support of the listing.


1. in accordance with section 33(1)(d) of the Heritage Act 1977 advise the Minister that the

item known as “St. James’ Anglican Church Group, Morpeth” at 19 Tank Street, Morpeth,

is of state heritage significance, as shown in the plan at Annexure B of the prepared

report and Annexure B of these minutes;

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, “St. James’ Anglican Church Group,

Morpeth” at 19 Tank Street, Morpeth, on the State Heritage Register;

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

persons notified under section 33(1)(a); and

4. in accordance with section 57(2) of the Heritage Act 1977, note that the Heritage Council

Standard Exemptions will apply.


7.0 Conservation Matters for Consideration & Decision

Agenda Item 7.1 Heritage Compliance Funding Request


Discussion Ms Pauline McKenzie presented advising:

All government departments are working with declining real budgets.

There has been an increase in number and complexity of applications assessed by the HD.

Consideration could be given by Heritage Council Strategy and Finance Sub-Committee to a

review of fees collected under the Heritage Act 1977.


It is not good practice for HC to fund core government functions.

Concern that the proposal does not align with overall new strategic approach.

Heritage Council Strategy and Finance Sub-Committee will be reviewing current funds held by the

Council and the strategic application and management of these funds.

Compliance matters being managed by either local government or DP&E compliance could be

investigated.

State Significant Development (SSD) and State Significant Infrastructure (SSI) assessment fees

received by DP&E are not distributed to the agencies providing assessment and comment.


1. notes the information provided in the report and discussion; and

2. refers further consideration of matter to the Strategy and Finance Sub-Committee.


9.0 General Business - continued

Agenda Item 9.1.1 Heritage Council Business Planning Day Report

Discussion Ms Pauline McKenzie presented the final report from the February 2016 Business Panning Day

and subsequent discussion at the April 2016 Council meeting.

The HD proposed to streamline HC individual engagement with delivering the strategic outcomes

through the Strategy and Finance Sub-Committee and a new Communication and Engagement

Sub-Committee.

Members noted that further discussion is to occur at August meeting and during upcoming

Regional Visit.


1. Notes the information in this report;

2. Considers the proposed streamlining of Council leads for strategic outcomes; and

3. Approves the creation of a further standing sub-committee for Communication and

Engagement with membership to be advised.

Moved by Dr Deborah Dearing and seconded by Mr Gary White.

Agenda Item 9.3 Sydney University Sub-Committee meeting with Sydney University SSD 7081.

Discussion Sydney University Sub-Committee members advised of recent meeting and presentation received

on Sydney University SSD 7081.

The sub-committee advised the HC that they have concerns in regards to the proposal and other

upcoming works at University of Sydney.


Concerns and requested that a copy of the letter signed under delegation outlining concerns of

sub-committee be distributed to the Council.

That a presentation to the Council on The University of Sydney’s Campus Improvement Plan

would be beneficial.



1. invites Mr Greg Robinson, Director, Campus Infrastructure Services, The University of

Sydney to present on the subject of the University of Sydney’s Campus Improvement

Plan (State Significant Development no. 6123); and

2. agrees to expand the purpose of the Heritage Council’s University of Sydney

Subcommittee to provide comment and recommended conditions of consent on all State

Significant Development Applications relating to the University of Sydney, Camperdown

Campus.

Moved by Mr Stephen Davies and seconded by Ms Jane Irwin.

Action HD to distribute letter outlining University of Sydney subcommittee comments on Faculty of Arts &

Social Sciences (FASS) building, SSD 7081.

HD invites Mr Greg Robinson, Director, Campus Infrastructure Services, University of Sydney to

present on The University of Sydney’s Campus Improvement Plan SSD 6123.

8.0 Updates

Agenda Item 8.1 Land and Housing Corporation Millers Point matters - update

Agenda Item 8.2 Lands and Education Buildings, Bridge St Sydney - update

Agenda Item 8.3 UrbanGrowth NSW update

Discussion Mr Gary White left the meeting.

Items 8.1, 8.2, and 8.3 were discussed together with the HD management team answering questions.

8.1 Land and Housing Corporation Millers Point matters update

– Members were requested to provide comments to HD on new template letters.

– Templates prepared are for advising of compliance requirements to owners of Millers

Point properties and to advise new owners of their responsibilities and the approvals

process.

8.2 Lands and Education Buildings, Bridge St, Sydney update

– Members advised nil questions.

8.3 UrbanGrowth NSW update

– Members advised nil questions.


Action HD to collate comments from HC on Millers Point template letters.

CLOSE OF MEETING – 2.05 pm.

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

……………………………….

Mr Stephen Davies

Chair, Heritage Council of NSW

Date: 3 August 2016


Annexure A Agenda item: 6.1

The Greatest Wonder of the World and the American Tobacco Warehouse and Fancy Goods Emporium, Gulgong

Listing Boundary Endorsed


Annexure B Agenda item: 6.2

St. James’ Anglican Church Group, Morpeth Listing Boundary Endorsed

Documents

MINUTES OF MEETING 431 Heritage Council of NSW€¦ · included in future GTAs providing a reference point for impacts of development works on SHR items. Noted The Heritage Council