Enterprise Park

Councillors and Officers of the Newcastle City Council
Newcastle City Council;
City Hall and Administrative Centre
King Street
NEWCASTLE NSW 2300

Dear Officers and Councillors,

Council is trustee for Enterprise Scott and Watt Streets Newcastle

Parks and Playgrounds Movement are sharply aware that probity and good management are the hallmarks of successful Local Government.

Councillors as the Newcastle City Council are the trustees of Enterprise Park at Watt and Scott Street which is a crown reserve R97943. Council was appointed Trustee for the reserve and notified in the Gov. Gazette 23/11/90.

Enterprise Park was the first part of the Newcastle Harbour Foreshore Scheme landscaped and it was dedicated in 1986 to mark the centenary of the Newcastle Chamber of Commerce and Industry 1886 – 1968 in appreciation to its service to the Newcastle Region. These lands are held for the benefit of the General Public of Newcastle. The historic Convict Lumberyard actually extends into Enterprise Park

The current problem was caused unintentionally during the drafting the City Centre Local Environmental Plan 2008. The error was only discovered at the end of the last Council’s term and I understand that an amendment to the City Centre LEP 2008 to correct this matter has been proposed.

Enterprise Park and the Convict site perform important roles in the life of the City. The area has been landscaped to provide a distinctive setting for the surrounding historic buildings and also protects the archaeological relics of early Newcastle. The area is well managed by Council in keeping with an approved Plan of Management.

Parks and Playgrounds Movement asks Council to inform the NSW Department of Lands that it intends to remain the trustee of Enterprise Park and continue to maintain the area as a historic park for the benefit of the City and its community.

We trust that Council will continue to remain trustees for this historic area of Newcastle.

Yours Sincerely,
Doug Lithgow
Freeman of the City of Newcastle
Parks and Playgrounds Movement


Newcastle’s Convict Lumberyard and Enterprise Park are important city parks

Enterprise Park was the first part of the Newcastle Harbour Foreshore Park completed in 1986 to mark the centenary of service to the Newcastle Region by the Newcastle Chamber of Commerce and Industry 1886-1986. It was zoned for openspace in 1960 and the Open Space 6 (a) Zone should be restored as the appropriate zone for the park.

Convict Stockade Lumberyard

More than a million dollars has been expended by Newcastle Council, The Heritage Council NSW and the Commonwealth Government on the site archaeology and restoration. A $700,000contribution from the One Nation initiative of the Commonwealth was made in 1992and the Site was officially opened by the Hon Bob Carr Premier of NSW

The Convict Stockade Lumberyard provides a unique openspace setting for important historic buildings and is an especially important part of Newcastle’s convict past. It is of National significance and was Gazetted as 7 (d)Environmental Protection Heritage Site Zone by the Minister for Planning in 1992.

Under the modern planning scheme the Convict Lumberyard and Enterprise Park should be zoned 6(a) Openspace the same as the Fort Scratchley area.

Public Statement for all who care about Newcastle and its heritage

NOBBYS HEADLAND & NOBBYS LIGHTHOUSE

NEWCASTLE’S ICON AND ABORIGINAL DREAMING PLACE: WHYBAYGAMBA

Nobbys is a significant place that is for all of us.

At first glance it may sound great to privatise Nobbys and build an 8 unit Motel style development with Restaurant and a manager’s cottage. Perhaps it could be done in a sympathetic way with some public access thrown in?

In reality, it’s over development of a unique lighthouse site and privatisation of public land and of the views to and from the headland and is particularly wrong in that it impacts on the lighthouse (A Commonwealth Heritage Place). It continues an unsympathetic attitude to an Aboriginal Dreaming Site.

Whybaygamba (Nobbys) was reduced from 62m in height to 28m for the erection of the Nobbys Lighthouse which is still an operating lighthouse after 150 years.

Nobbys and the Nobbys Lighthouse are unique Newcastle heritage items that must be acknowledged and respected in an official conservation tourist management plan for the Coal River Precinct (SHR1674).

The public must be given safe access to the headland and the area around the lighthouse.

The Development was initially approved by the NSW Heritage Council in 2005 with conditions. The Applicant did not accept the conditions and resubmitted the original development as a Crown Development Application under 116C of the NSW EP&A Act to escape independent and transparent assessment and the imposition of conditions that may have reduced the impact.

116C states: Viz: Determination of Crown development applications NSW EP&A Act 1997

116C Determination of Crown development applications

A consent authority, in respect of a development application made by or on behalf of the Crown, must not:

(a) Refuse its consent to the application, except with the written approval of the Minister, or

(b) Impose a condition of its consent, except with the written approval of the Minister or the applicant.

The effect of 116C above was that the applicant determined their own development and if any conditions were set they are not valid unless approved in writing by the applicant or the Minister. None of the officially established plans of management (EG Council’s Heritage Places Strategic Plan and POM 2000) were able to be brought to bear on the development not even the Newcastle Port Corporations own objectives as stated in the invitations for Expressions of Interest as written below:

1. To release this (currently) restricted site for public access/use and, in doing so, to establish a pre-eminent destination of historic and scenic significance for the benefit of the Newcastle community;

2. To solicit innovative, practical and economic proposals for the adaptive re-use of the signal station and cottages;

3. To protect and enhance the site’s historic, aesthetic and social fabric for the future benefit of the Newcastle community;

4. To actively promote the site’s heritage value and significance, particularly its role in the development of the Port of Newcastle, through public education and the use of on-site static and interactive information displays.

5.To ensure the safety of all users of the site.

The Joint Venture/Consortium agreement between the Newcastle Port Corp and the Nobbys Lighthouse P/L has not been made public nor have the Board’s papers and recommendations declaring the DA a Crown Development. It is certainly not clear if the DA is entitled to be a Crown DA. Furthermore there has been no explanation of why the Consortium tried to develop the site in contravention of the Commonwealth legislation and the NSW conditions of consent.

Nobbys Headland should be transferred to the NSW Parks Service so that the headland can be administered by an authority that has a legal obligation to protect and promote the heritage values of the Nobbys Lighthouse and make the headland available to the general public as a park. The lighthouse is not only an important heritage lighthouse that must be acknowledged, it is an operating lighthouse controlled by legal lease obligations with the Commonwealth Maritime Safety Authority.

Doug Lithgow, President Parks and Playgrounds Movement –

Nobbys Lighthouse - Controlled Action

The Hon Peter Garrett
Minister for the Environment, Heritage and the Arts
Box 6022 House of Representatives
Parliament House Canberra ACT 2600

Dear Minister,

Nobbys Lighthouse - Controlled Action EPBC Act, Commonwealth Heritage Place

It is essential that the proposed development affecting the 150 year old Nobbys Lighthouse is rejected and the Conservation and Tourism plan for the whole Coal River Precinct SHR 1674 be publicly exhibited and adopted.

Attached is a copy of the Parks and Playgrounds Movement submission to the proponents of the Controlled Action. Nobbys Lighthouse, 20th July 2007. Also attached is a copy of the National Nomination, Coal River Heritage Park, prepared by the University’s Coal River Working Party under the chairmanship of Dr. Erik Eklund.

The national and world heritage value of Newcastle’s Coal River Heritage Park which includes the whole public foreshore through to the ocean with its heritage transition from Aboriginal and Convict to Colonial and modern times, should be acknowledged in any future development.

The Nobbys Lighthouse is a Commonwealth Heritage Place of special significance and the key heritage item on Nobbys Headland within the Coal River Precinct SHR 1674.

The proposed development that would impact on and impair the efficiency of Nobbys Lighthouse must be rejected.

We ask you to help the Parks and Playgrounds Movement and the people of Newcastle, protect, preserve and promote, their Nobbys Lighthouse as part of the Coal River Precinct SHR 1674.

Yours Sincerely,

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

A copy was sent with 2 electronic attachments to Peter.Garrett.MP@aph.gov.au 26/12/07 Enclosed with this letter: Copy of P&PM Submission to Controlled Dev. Copy of submission Controlled Development from combined conservation groups in NSW National Nomination Coal River Heritage Park, Newcastle University Coal River Working Party.

Nobbys Must Stand Free

Fellow Citizens of Newcastle,

Nobbys Lighthouse should stand free as a lighthouse and a beacon to all. We don't need to sell off the Nobbys headland to open it to the public.

The wretched gate stopping public access to Nobbys Headland must be removed forthwith.

Click the link for a copy of the submission we made to the developer who would destroy Nobbys Lighthouse (re the Controlled Action Nobbys Lighthouse 20th July 2007).

Also read a copy of the National Nomination of the Coal River Heritage Park prepared by the University’s Coal River Working Party under the leadership of Dr. Erik Eklund.

This matter will not be finished until Newcastle has National recognition of the World Heritage value of this iconic Nobbys site within the whole Coal River Heritage Park which includes the entire public foreshore through to the ocean featuring a heritage continuum from Aboriginal and Convict to Colonial and modern times.

What we are seeing is a targeted action through the property development lobby that have the NSW Labor Party in their pocket.

They are a well entrenched vested interest cluster in Newcastle that is taking over Nobbys and other public ocean front sites at Newcastle at Fort Scratchley (Succeeded) Newcastle Baths, The Newcastle Bowling Club (In the process) and at the Merewether Surf Pavilion. Also at the headland at Catherine Hill Bay in Lake Macquarie

Given the representatives we have we may not be able to prevent the excesses of crass privatisation of our public foreshores at these other places but at Nobbys commercial interests are not content to take over the use of the Macquarie Pier for access to their development at Nobbys they have already scarred the Nobbys headland with a widened road way and turning area without development consent. They intend leasing most of Nobbys and the adjacent turning area and build another house on the headland for their manager, gut and extend the existing buildings for 8 motel styled units.

The last straw in all this is the proposal to swallow the 150 year old Lighthouse in a surrounding restaurant and takeaway and kitchen that destroys the lighthouse as a lighthouse that removes the view from Nobbys except for patrons inside the restaurant.

The public would be relegated to a stairway onto the roof of the restaurant at the pleasure of the owner. The public would not be able to have access in front of the lighthouse or restaurant. Nor would the public be allowed free access to see the operating lighthouse which is a unique heritage item and one of the earliest navigational aids on the Australian coast.

You are seeing ugly hand of blatant privatisation of Nobbys which could ultimately be sold off if the NSW Government continues in its current public asset sell off trend.

Please spread the word. I ask that all concerned citizens write to Prime Minister Mr Kevin Rudd and Minister for the Environment, Heritage and the Arts Mr Peter Garrett and ask that the Nobbys Lighthouse be saved from the impact of this development and that Nobbys be transferred to the National Parks Service.

They are the current legal issues that must be addressed but Novocastrians will also have a view on the Privatisation of Nobbys and the over building on this iconic site.

The breathtaking vista of our beautiful Newcastle from the summit of Nobbys is for all, not for the few who can afford it.

Doug Lithgow
Freeman of the City of Newcastle