Call to the Minister to Stop Destruction of Merewether Surf House and Public Reserve

The Honourable Tony Kelly ALGA MLC

Minister for Planning and Minister for Lands
Minister for Infrastructure
Deputy Leader of the Government in the Legislative Council
Leader of the House in the Legislative Council


Dear Minister,

Stop destruction of Merewether Surf House and Public Reserve No. 56681

Parks and Playgrounds Movement urgently request that you call in all matters dealing with Merewether Surf House and Public Reserve No 56681 Newcastle.

The Newcastle City Council are Trustees for this public reserve and are proposing to destroy the Surf House building. This is an activity that should only be performed if there is a proper publicly available registered lease containing guarantees that the Crown Lands Act 1989 will be complied with and the Merewether family Deed of Transfer honoured.

As Minister for Planning and Minister for Lands we call upon you to consider the architectural and historic association of this property with the Merewether and Mitchell families who gave the land to the Council for public recreation.

The Trustees of the will of Edward Christopher Merewether transferred most of the Merewether beachfront to the Merewether Council in 1930 (Deed No 944 Book 1617). The Deed binds Council and its successors and assigns at all times to use and maintain the land as a public park or public reserve and not permit it to be used for any other purpose whatsoever.

As Minister for Lands you have held the title to this land as Public Reserve No. 56681 since it was transferred to you in September 2008 and would be aware of the Deed of Conveyance. As Minister for Planning your Heritage Branch will be able to inform you of the negotiations with the City Council and the required restoration of the Surf House building.

The Parks and Playgrounds Movement respectfully asks that you will call in this matter and allow the Government to assess this matter within the principles stated in Sec. 11 of the Crown Lands Act of 1989.



Yours faithfully,

Doug Lithgow
Freeman of the city of Newcastle
President of the Parks and Playgrounds Movement

Sailor’s Rock Pty Ltd does not have a lease of Surf House land at Merewether

A Title Search of Merewether Beachfront reveals that Sailor’s Rock Pty Ltd does not have a lease of land Lot 100 DP1130581 for the proposal in DA No: 08/1741.

You will recall that Newcastle Council in an effort to avoid responsibility for the restoration of the Surf House transferred the land to the Minister for Lands. The Movement is concerned that Council wrongly approved the development as a restoration/redevelopment of Surf House when clearly the proposal was an alienation of a Public Reserve dedicated for Public Recreation. Also the DA was inconsistent with the terms of the Deed of Conveyance of the land from the Merewether family.

The Trustees of the will of Edward Christopher Merewether transferred most of the Merewether beachfront to the Merewether Council in 1930 (Deed No 944 Book 1617). The Deed binds Council and its successors and assigns at all times to use and maintain the land as a public park or public reserve and not permit it to be used for any other purpose whatsoever.

The Minister for Lands now holds the title for this land as Public Reserve No. 56681 and is required to honour the Deed of Conveyance and consider the proper restoration of the Beach Pavilion.

The letter above was sent to all Councillors last weekend.

We had a FOI request into Council June 2008 but was not determined until 9 Nov 2009 (even then it was very much blanked out so much for transparency!)

However, we were able to establish that the Deed of Agreement between Sailors Rock P/t was signed by GM Lindy Hyam and Lord Mayor and Keith Stronach & Stan Panteleos in September 2008.

No lease had been registered up until last Wednesday therefore at this stage (last Wednesday) there is no Lease by any company or person.

The Transfer of the Merewether Land to the Minister was made by the Council on the 21 st August 2008 as a gift under Sec 134 of the Crown Lands Act 1989 under the signature of the GM and Lord Mayor.

On the 25th of September 2008 the Newcastle Council was made a Trustee of the gifted land. (Council was already the Trustee of the Baths area)

The Crown holds the Title and Council has been made Trustee for the public. So what was Community Land under the LG Act is now Crown Land and Plans of Management are no longer obligatory.

You must wonder what this is all about as we do.

Clearly Sailors Rock P/L has not taken up the Lease?

What Guarantees did Sailors Rock give to honour the Merewether Family Deed of Transfer to be offered a lease?

We hope that they were made because of the condition imposed by the Deed of Transfer from the Merewether Family in 1930. But we do not know.

The public interest has been left out of this matter since Newcastle Council began doing deals.

Enclosed is information about the building which is just a simple little building and could have been restored to its simple form donkey years ago.

Alienation of Public Land for sectional use has always been a problem in Public Park Management but has taken on a new drive by this Government.

Alienation of Public Parkland should be for a reasonable term 21 Years (No Bank would lend you funds for a commercial venture for such a long time).

Development in Public Reserves dedicated for Public Recreation must only be for uses that improve the public recreation and the test is, “what is the public access that is being served”?

The Merewether Beach Pavilion when it was in use was a public facility serving the recreational amenity of the beach area.

We are still waiting for answers?

Merewether covenant must be honoured

Parks and Playgrounds Movement believe that the Newcastle Council has dishonoured the legal covenant with the trustees of the will of Edward Christopher Merewether who gave most of the valuable Merewether beachfront property we now enjoy, to the Merewether Council in 1930. (Registered Deed No 944 Book 1617)

The covenant binds the Council and its successors and assigns at all times to use and maintain the land as a park or public reserve and not permit it to be used for any other purpose whatsoever.

Newcastle Council in its effort to avoid its responsibilities at Surf House transferred the land to the Minister for Lands as a consolidation of Land Title. It then encouraged and approved a commercial DA for the land which was clearly a denial of its responsibility under the covenant. Council claimed the development as restoration/redevelopment of Surf House when it was really alienation of a Public Reserve for private uses.

Parks and Playgrounds Movement endeavoured to reveal the truth by requesting freedom of information but our efforts were frustrated.

We call on the Newcastle Council and the Minister to honour the Merewether Covenant of 1930.

Doug Lithgow
President of the Parks and Playgrounds Movement
A Freeman of the City of Newcastle

MEREWETHER HERITAGE PARK SUBMISSION

To:

Councillors and General Manager of the Newcastle City Council
Newcastle City Hall
King Street
NEWCASTLE 2300

Dear Councillors and General Manager,

MEREWETHER HERITAGE PARK SUBMISSION

Parks and Playgrounds Movement have nothing but praise for the wonderful work that has been done by the Merewether Landcare. We are conscious of the philosophy of the overall concept of their new initiative that they are placing before you this evening.

We acknowledge the work that has and is being done for the people of the City and for the Merewether environment.

Councillors and Council Officers are reminded that wrong things are done at times even with good intentions such as the planing of the invasive African Bitou Bush to revegetate coastal areas after rutile mining. The Bitou Bush escaped to become a scourge of the coast. The Merewether Landcarers have with their project shown the way to restore a much changed coastal landscape.

In our praise of today’s Merewether Landcare we would like to bring to your notice the Deed of Conveyance (Book 1617 folio 944) in which the trustees, William and Edward Merewether, on the 28th November 1930 conveyed to the Merewether Municipal Council much of the foreshore openspace we enjoy today.

The Deed of Conveyance states in part:

“That it (The Council for its part and its successors and assigns) will at all times use and maintain the said land as a park or public reserve as defined by the Local Government Act 1919 and will not permit the same to be used for any other purpose whatsoever

We trust that the Newcastle Council as the successors of the former Municipal Council will also honour the Deed of the former Council and appreciate the work and the Heritage Park initiative of the Merewether Landcare.

Yours sincerely,

Doug Lithgow
A Freeman of the City of Newcastle
President of the Parks and Playgrounds Movement