Filching Public Parklands

Newcastle people should be very concerned at the efforts of certain interests over many years to filch public parklands

Newcastle people should be very concerned at the efforts of certain interests over many years to filch Newcastle’s public parklands for their own sectional or private use.

In recent years we have seen efforts to build around the Historic Nobbys Lighthouse in contravention of the Australian Constitution and the Commonwealth EPBC Act and by the misuse of the EP&A Act to allow the proponent to virtually approve own development. Merewether Beachfront Land was recently alienated for private Development contrary to the 1930 Deed of Conveyance from the Merewether family that the land be used for public parkland and no other use whatsoever.

Now part of King Edward Park Dedicated for Recreation Reserve in 3 July 1863 is in danger of falling to private hands under the title of ‘revitalising the coast’. We must now also try to ward off the private interests wanting to take part of Dixon Park for commercial uses. Dixon Park is another Merewether family owned land parcel transferred to Newcastle 1960 the deed is attached as a pdf.

Newcastle Council has before it in the form of a draft Civic Precinct Design Framework a proposal that would widen Laman Street into Civic Park remove the trees and the green terraced area and further despoil the Civic Park Fountain and its surrounds.

The Note below commencing ‘2/12/2008 Council Committee direct GM to sign a MOU’. That committee resolution was never adopted by full council and Council never properly authorised the expenditure to fund this new euphemistically titled Coastal Revitalisation Masterplan. (I did sight the committee resolution and searched in vain to find the adoption of the Minute) I found that that Committee was disbanded at the next Full Council Meeting.

The letter below was sent to the Minister for the Hunter and Member for Newcastle when we first heard about the attempts ant the MOU. No satisfactory explanation has ever been received to this letter which was sent on or about 13th of January 2010 12 months too late. A copy of the MOU was not made available.

I would be please if Colleagues would help get the word out about Public Parkland Alienation.

Cheers and best wishes



2/12/2008 Council Committee Pdf directs GM to sign Memorum of Understanding

MOU A pdf in Newcastle File

Mon 25/01/2010 12:21 PM Why a new secretly hatched Coastal Masterplan?


Minister Jodi McKay MP promotes a Masterplan for the Newcastle Coast (Letters The Herald 25/1/2010).

Parks and Playgrounds Movement warns the people of Newcastle: Beware!

The Coastal Masterplan MOU was signed by the Newcastle Council over twelve months ago but never officially adopted by full Council. The Masterplan has been hatched outside the normal transparent and open planning framework that has protected Newcastle beaches and its foreshore since statutory town planning began.

It is especially worrying when it is clear that alienation of coastal parkland is proposed. 

Our coast is a scarce and priceless resource held in trust by our councillors for all the people of NSW. Newcastle Council already has a fully researched an openly adopted Coastline Study and all its parks and reserves are subject to official plans of management with open processes for change.

Why is this covert masterplan being promoted by the State at the unnecessary cost to the people of Newcastle?

Doug Lithgow
President



The Hon. Jodi McKay MP
Minister for Tourism Minister for the Hunter
Minister for Science and Medical Research Minister for Women

Wednesday, 13 January 2010

Dear Jodi

Bogey Hole, King Edward Park & Coastal Management

Parks and Playgrounds Movement is pleased to note your article ‘Coastal development to fund infrastructure’ in today’s Herald 12/1/2010 and the previous article by Cr John Tate Lord Mayor about the Bogey Hole and coast published in the Herald 8/1/2010.

Cr Tate indicated that the Bogey Hole and the coast are owned by the Government and Council needs assistance in its management and that the Newcastle Council gave the Land & Property Management Authority $150,000 to prepare a land use plan.

Our coast is a scarce and priceless resource which is held in trust for the people of NSW. Elected Councillors and Members of Parliament as Trustees are expected to do all in their power to protect that scarce resource for the benefit of all people and tomorrow’s people.

Parks and Playgrounds Movement is concerned that the terms of reference for a new ‘Newcastle Coastal Masterplan’ and the basis for its preparation have not been transparently published.  Your article refers to a MOU (Memorandum of Understanding) which to our knowledge has not been made public. Land use planning in the Hunter since 1952 has aimed to protect waterfronts from alienation and make them available for the public in coastal and foreshore reserves.

In regard to the Bogey Hole (SHR 1678) it is an integral part of the existing King Edward Park Crown Land parcel. It was formerly part of the 87 acres of the 2000 acre Coal grant to the AA Company retained by the Crown in 1824. King Edward Park including the Bogey Hole was dedicated for Public Recreation in March 1894. The Park has an absolute water frontage and Newcastle Council has exercised care control and management for the whole area since dedication.

We are pleased that the collapsed cliff top fence is now being reinstated and have requested that the safety chain around the pool be also restored. Furthermore we want the rusted out picnic tables to be replaced and the stairway to the pool be cleaned and drained at the side. These are simple day to day maintenance matters that do not need master planning.

Parks and Playgrounds Movement believe that it is important that a clear working relationship be maintained between the Department of Lands (Now named NSW Land & Property Management Authority) and the Newcastle Council as in the past.

However we must point out that we are appalled that Newcastle Council has allowed itself to be a party to a $300,000 dollar plan the reason for which seems to be aimed to alienate scarce coastal lands against the interests of the people of Newcastle. Your attention is also drawn to the Newcastle Council’s plans of management for its parks and the ‘Coastline Management Plan’ 2003. These adopted documents should be steering Council’s management of the coastline and attracting State Funding.

We would be especially pleased if you would make public the details of the Newcastle Council owned land at Merewether and the reason why it was transferred to the Minister for Lands by gift on 21st Aug 2008 (AE199231N) in contravention of the covenant running with the land. The Deed of conveyance clearly states “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” (Book 1617 folio 944)

We request that you make available to the Movement a copy of the MOU and the terms of reference for the preparation of the Coastal Master Plan. Furthermore we trust that you will make sure that our coastal reserves and distinctive coastal heritage are protected from vested interests.

Yours sincerely,



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

KEEP OFF THE GRASS - HONEYSUCKLE OPEN SPACE

The Editor

The Herald

NEWCASTLE 2300

Dear Sir,

Honeysuckle Openspace

Parks and Playgrounds Movement welcome the openspace push of Minister for the Hunter Jodi McKay MP (Keep off the Grass 12/6 The Herald).

However we would be more impressed if the Hon. Minister clearly directed the Hunter Development Corporation to prepare and publicly exhibit a Varying Scheme under Section16 of the Growth Centres Act.  The HDC Growth Centre now includes every Local Government Area in the Hunter Region and their 1992 Honeysuckle Master Plan is utterly inappropriate for their extended Growth Centre.

What Ms McKay mentions as city planning errors of the past were in fact straight out flagrant disregard of statutory planning by the Honeysuckle Dev Corp at Central Honeysuckle! This was only possible because there was no effective oversight of the Corporation after 1997.

We need to revisit the vision of the former Lord Mayor Joy Cummings AM

Doug Lithgow President

Parks and Playgrounds Movement

To our conservation colleagues

It is clear that we need to begin setting out the issues and our views on maintaining the statutory zoning of our foreshore openspace and the protection of existing parks.

Furthermore the disregard of planning by the Honeysuckle Development Corporation and their non compliance with their own Act - i.e. The Growth Centres (Development Corporations) Act 1974,  the  foolish mistakes made such as:

- the buying the longshore Wharf and then demolishing it. 
- not carrying out Geo-technical work at the early stage, 
- wrongful advertising for Merewether Wharf development before rezoning in place, 
- tearing up Wharf Road, 
- building out the Flinders Cove without re-planning for the change, 
- building out the views to the harbour while claiming to be opening up the harbour, 
- not building the planned overbridge at Stewart Ave, 
- removing rail crossing overbridges and level crossing. 

Not to mention the complete disregard of the Joy Cummings foreshore initiatives of the 1980's. 

The talk about light rail is just talk and the real agenda is the to grab the public harbour front including the Newcastle Railway station. (The HDC aim is to get rid of rail commuters first!)

There is a lot of work to be done just to get the above information out to the general public over the next 2 years. 

We all need to take the time to understand the concept of the Honeysuckle Masterplan and the earlier Joy Cummings Foreshore Design with its protection of the public domain. 

We need to write every couple of months on one or more of the issues otherwise the truth will never be told. 

Cheers 
 Doug

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

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.

Merewether Beach Pty Ltd

Merewether Beach Pty Ltd: the name of the company to alienate the public parkland at Merewether says it all. Certainly the questions posed by Edward Duc (Newcastle Herald letters 15/08) should be answered publicly.

It may be too late to call the last Council to account but it’s not too late for the new Councillors and the existing State Government to stop the privatisation of public parkland.

Newcastle desperately needs investment money in its commercial areas but it doesn’t need commercial areas in its public parklands.

Residents will have to join with RAID : a coalition of community groups up and down the coast in their planned protest rally 19 October in Hyde Park Sydney against inappropriate development.

Doug Lithgow