Saturday, January 16, 2010

IS THE NEWCASTLE BEACHES COASTAL RESERVE MANAGEMENT FRAMEWORK FOR THE PUBLIC GOOD?




Newcastle City Council Coastal Reserves 2008 - Coastal Lands Plan from Fern Bay to Glenrock Lagoon - http://tiny.cc/24lCp

SPC 02/12/2008 DRAFT NEWCASTLE BEACHES COASTAL RESERVE MANAGEMENT FRAMEWORK MEMORANDUM OF UNDERSTANDING - http://tiny.cc/1iQT8

Attached is also the draft Memorandum Of Understanding (MOU) relating to coastal lands and binds to some extent the Department of Lands, Hunter Surf Lifesaving Inc. and the Newcastle City Council to create a new type of reserve (see the Map included in MOU) that allows commercial development opportunities to fund infrastructure and provide security of tenure for commercial operators to assist Surf Clubs. (One of the parties to the MOU).

This document needs close legal scrutiny as it seems that it aims to bypass the Crown Land and Community land plan of management procedures in contravention of the dedication of the existing reserve status of the
lands affected.

Furthermore it seems to combine the parties in a clandestine way into activities that may be against the public good.

Is this being done across the State? Many people are concerned in Newcastle.

I have requested that the General Manager of Newcastle Council provide me with the date when Council dealt with this matter and the details of the Council Resolution authorising the expenditure. ($150,000 for the Management Plan)

The draft document is dated the 19 November 2008 and documents a Memorandum of Understanding between NSW DEPARTMENT OF LANDS, HUNTER SURF LIFESAVING INCORPORATED AND NEWCASTLE CITY COUNCIL

DOWNLOAD THE MOU HERE (1 MB PDF) Direct link here: http://tiny.cc/dMgIR

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

Sunday, January 10, 2010

Councillors
Newcastle City Council
City Hall Newcastle Friday, 08 January 2010

Dear Councillor
Bogey Hole & King Edward Park are part of one Land Parcel & are Heritage Items

Parks and Playgrounds Movement is pleased to note the excellent article by Cr John Tate Lord Mayor about the Bogey Hole and coast published in the Herald today 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.

In regard to the Bogey Hole 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 we ask that the safety chain around the pool be also restored. Furthermore we request that rusted out picnic tables be replaced and the stairway to the pool be cleaned and drained at the side.

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 and outraged that our Newcastle Council has allowed itself to be a silent party to a $300,000 dollar report aimed to alienate our scarce coastal lands and change their use against the interests of the public of Newcastle.

We also ask you to make public the details of the Newcastle fee simple land at Merewether that was transferred to the Minister for Lands by gift Aug 2008 in contravention of the covenant running with the land.

We Trust in your help to make sure that our distinctive coastal heritage is protected.
Yours sincerely.

Doug Lithgow Parks and Playgrounds Movement Inc

Wednesday, December 16, 2009

Newcastle Earthquake - 28 December 1989

AFTERMATH

Aftermath was written by Doug Lithgow one year after the Newcastle Earthquake

"It is vital that local government and the normal processes of the law are maintained and available to all citizens especially in the aftermath of an earthquake"


CITIZENS' EARTHQUAKE ACTION GROUP
December 30th 1990
Doug Lithgow a spokesperson


The first anniversary

The first anniversary of the Newcastle earthquake has passed and we remember the tragedy of those who died and express compassion for their families and friends. We remember the damage and the distress.

However, we also need to examine the aftermath of the earthquake from a community perspective to gain an appreciation of the special questions that were raised by the community at the time and the best way that these can be solved in the future.

The Newcastle community was unprepared for an earthquake and an appropriate and generally accepted emergency plan was not immediately available. Inappropriate police powers had to be used and normal local government did not function. The city administration used delegated authority, and with the Lord Mayor assumed civic responsibility. Some sections of the State Government were intent on demolitions and real estate development while the state opposition seemed unable to express constructive ideas. The normal processes of the law were found wanting in certain instances.

Unofficial Proposals for disposal of public land in Newcastle,
Most citizens were unaware that the Police Regulations Emergencies (Amendment) Act, 1988, had changed the law and given police power to arbitrarily remove people from areas that police think may be dangerous even private homes or business premises. Citizens were also unaware that proposals existed for the City Council and the State Government to dispose of many large areas of public land in Newcastle, demolish public buildings, cut the railway to Newcastle at Broadmeadow, and target the disposal of certain private land to developers.(Download link below: Hirst 1988 CBD Business Plan )

Concerned citizens knew that the earthquake was a disaster of national proportions, but to some in government and the administration, it was a golden opportunity. Extra police powers coupled with the unofficial proposals for disposal of public assets for development compounded the disaster and in the absence of normal public scrutiny, created conditions of irresistible temptation for opportunists and a disregard for the views expressed by the community.

On the day after the earthquake, the Minister for Health, Peter Collins, visited the city and announced that three wings of the Royal Newcastle Hospital would be demolished using the excuse of earthquake damage. The State Government also immediately took the opportunity to stop the railway at Broadmeadow and close the inner city. Many publicly owned buildings were emptied and demolitions proposed.

The community was alarmed.
Three days after the earthquake, on Sunday the 31st of December at 2 O'clock about two hundred concerned citizens gathered for a public meeting in National Park at the corner of Parkway Ave and Union Street on the edge of the cordoned off city. Newcastle historian, Margaret Henry, convened the meeting and each of the following resolutions were adopted unanimously:

1. The people of this meeting express their grief at the loss of life incurred in the earthquake and convey their condolences to the relatives and friends of those who lost their lives in the disaster.

2. That the meeting thank the police ,the State Emergency Service and other emergency services for their good work which has been very much appreciated over the past few days.

3. The meeting resolved that Council, as the community's representatives, be recalled immediately to regain control of the city.

4. This meeting expresses its concern at the threatened demolition of residential and commercial buildings in the city and asks the authorities to ensure that all buildings are secured and made safe so that work can be started on the proper assessment and restoration of these buildings, such assessment to be undertaken by qualified heritage architects and structural engineers. Further that owners of those buildings be advised of their rights concerning the preservation of their buildings.

5. That this meeting of concerned citizens request that the obviously dangerous buildings in the city be cordoned off and that the normal business life of the city be allowed to proceed as soon as possible.

6. Furthermore ,that all citizens be given the freedom to move in the city to visit friends relatives and loved ones that have been affected by the earthquake.

Other resolutions were carried requesting a moratorium on the demolition of the Royal Newcastle Hospital and public school buildings and requesting that proper assessment be made of the damage to all heritage buildings. It was further requested that methods of demolition used be such that materials from buildings could be saved for reuse.

The resolutions from this public meeting were immediately faxed to the city administration, the Premier of NSW, Nick Greiner, the Prime Minister, Bob Hawke, state and federal members of parliament, and the media.

There was no direct positive response from any organ of government and we now know that communications to the city administration were redirected to a public relations firm.

Citizens' Earthquake Action Group.
On 2 January, 1990, twenty representatives from community groups and from the Dec.31, public meeting met at Adamstown Heights. They endorsed the resolutions of the December 31st public meeting and formed the Citizens' Earthquake Action Group. They also adopted a submission to be sent to the Premier, the Prime Minister, and our parliamentary representatives, requesting urgent funds for detailed assessment of damage and the establishment of a Task Force to oversee the allocation of the funds and the procedures to be adopted during restoration of the city. A special submission was sent to Senator Graham Richardson, the Minister responsible for the National Estate, concerning the restoration of heritage buildings. The Meeting also elected Keith Parsons, Margaret Henry and Doug Lithgow to be spokespersons for CEAG and nominated representatives on any Task Force that might be established.

CEAG held three large public meetings in the first three weeks following the earthquake, and a further two meetings in conjunction with the Association for the Preservation of Technology. The last two meetings were held to advise householders on techniques in repairing earthquake damaged buildings.

Members of the Action Group were involved in heavy personal expenditure for phone, fax, photo copying and legal services. The group also letter boxed the inner city and the Hamilton area on several occasions advertising the meetings. The Citizens' Earthquake Action Group as well as advocating the protection of Newcastle's heritage, was busy helping people affected by the quake, endeavouring to protect their civil liberties and campaigning for funds from State and Federal Governments.

The first three public meeting held by CEAG generated a large number of actions and representations that had to be implemented. The group continued to carry out the wishes of the community as expressed at the public meetings even though there seemed little positive response from the authorities.

Demolition of the George Hotel and the Carrington Chambers
The extraordinary circumstances surrounding the demolition of the George Hotel and the Carrington Chambers on the 6th and 7th of Jan 1990, demonstrated the depth of the problems confronting the city. The council administration would not recognise the buildings as heritage buildings although they were listed on Council's Urban Design Study nor would it make available for public inspection the reports on the damage to the buildings or allow the buildings to be inspected by heritage and structural engineers. The Lord Mayor claimed that there may be an aftershock and the buildings were in danger of falling into the street. He had previously stated in his press release on the 1st of January that there had been no significant aftershocks in Newcastle's two previously recorded earthquakes and the risk of an aftershock was diminishing. (CEAG had been advised by earthquake experts that there was little likelihood of an aftershock) Many people were allowed to enter these buildings and remove fittings and material without being stopped by the policeman on duty.
Report of Structural Engineer 31st December 1989

Order to Demolish from Town Clerk 5th January 1990
George Hotel and Carrington Chambers Herald Photo 15 X 1990 162 Photo taken 9 days after earthquake and before demolition commenced ( City had been closed to the public)

Workmen spent most of the Friday night before the demolition removing material from the George Hotel. Other property owners were not afforded this courtesy.

Buildings demolished to prevent inspection by Heritage engineer
It seemed as though the buildings were demolished to prevent the National Trust's structural engineer and Heritage expert Colin Crisp from inspecting them to give an authoritative opinion on their condition. In the case of the Carrington Chambers, an injunction had been issued by Justice Stein in the Land and Environment Court to restrain all parties involved from demolishing the building.

The issues raised by the demolition of these two buildings were of such importance that a further public meeting was held at 4pm on the 7th of January at Cooks Hill. That meeting condemned the demolition of the buildings and insisted that all documents be made public. Twenty one resolutions were carried and the circumstances surrounding the disregard of the injunction were later referred to the ombudsman for investigation.

Royal Newcastle Hospital buildings
CEAG had the Royal Newcastle Hospital buildings, the North Wing, York Wing and Wheeler House inspected internally and externally by two independent structural engineers. The buildings had been stripped of all equipment in readiness for demolition even though they were subject to Heritage protection and were repairable. The York Wing was subsequently demolished before it could be officially inspected be the National Trust's structural engineer, Colin Crisp.

The 31 December public meeting had asked that a moratorium be placed on the demolition of the hospital buildings so that ways to preserve and recycle these buildings could be considered. The Mater Hospital at Waratah had also been badly damaged by the earthquake but the authorities there had only removed patients from the damaged wards so that they could be repaired.

Demolishers had free run while citizens were denied access
CEAG was concerned that demolishers had free run in the closed off city while ordinary citizens were denied access and made feel like interlopers in their own city. Citizens were unable to exercise their normal right to protect or salvage their own property. This was particularly damaging to those people who did not have insurance cover or had their property in rented or leased premises. A police officer in charge of Hamilton told the CEAG public meeting at Hamilton on the 14th of January, that he thought demolishers had the rights of salvage. CEAG's legal advice was that such actions would be larceny.

Post earthquake Construction Authority proposed
The January 14th public meeting of CEAG held at Hamilton, called for the establishment of a post earthquake Construction Authority to provide overall funding and asked that a Task Force be set up comprising representatives from federal, state, local government and the community, together with appropriate professional experts to initiate the required local projects. The meeting also requested that Newcastle Council's City Centre Committee be widened to include members of the community, the Newcastle Trades Hall Council, and consumers.
Newcastle City Council should have met
In the circumstances, CEAG, did all that could be reasonably expected of ordinary citizens and played a useful role during the aftermath of the Newcastle Earthquake. However, when we consider the problems that confronted the inner city community, it becomes obvious that the Newcastle aldermen should have met as a full Newcastle City Council immediately after the earthquake at a place accessible to the community.

The earthquake demonstrated that the City should be divided into wards as it used to be with aldermen representing each ward. Newcastle East, the City, Cooks Hill, Broadmeadow and Hamilton areas were all badly affected by the earthquake and had no local Alderman to represent them. We have no doubt that if the inner suburbs had been represented by aldermen the City Council would have been recalled as was requested by the first public meeting on December the 31st.

Newcastle people have shown their resilience and patience during and following this ,Australia's first, major earthquake. The costs have been high in life and property and are still mounting.

A special disaster plan is needed to meet the particular problems that arise in the aftermath of an earthquake and an urgent response from state and federal governments is needed to establish an authority that has the power and resources to bring together recognised professional structural engineers, architects, geologists and heritage experts to accurately assess damage, set standards and direct government funds for restoration.

An earthquake is a particular type of disaster: it can strike without warning, it is widespread and immediate in its effect, random in its choice of victims and extremely costly to individuals and to the community as a whole.

It is unwise in the aftermath of an earthquake, to have police, using powers that are more appropriate for emergencies like fire or flood, effectively deciding on engineering matters which relate to the structural safety of buildings. There should also be a simple way of allowing all owners to salvage their belongings or make safe their property at their own risk or with the advice of a structural engineer. An earthquake Reconstruction Authority and local Task Force as suggested by CEAG should have been assembled immediately following the earthquake. This would have allowed the SES to concentrate on their special role of rescue and protection of life. The authority would have provided an clear accountable avenue for the disbursement of federal and state funds to achieve specific publicly acceptable goals. ( See CEAG's suggested structure dated 29 Jan 90.)

There was absolutely no excuse for the authorities to disregard the injunction that would have allowed Mr Colin Crisp to inspect the Carrington Chambers or for their failure to use the legislation designed to protect our heritage. It is vital that local government and the normal processes of the law are maintained and available to all citizens especially in the aftermath of an earthquake.

DOWNLOAD THE 1988 HIRST PLAN

Doug Lithgow. December 30, 1990


Tuesday, December 8, 2009

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

Monday, November 30, 2009

Newcastle's Convict Legacy




Dear Newcastle Councillors,

Item 44:  DA 08/ 1160 Newcastle Council Meeting Tuesday


I hadn’t thought that I would have to write to you so soon after wishing you each the compliments of the season - but this matter is of National importance as well as being germane to Newcastle’s image.

With the work and vision of previous Councils in mind we call on Newcastle Councillors, the General Manager and the Council officers to consider the importance of our convict legacy and its contribution to the foundation of our City and to the wealth of our Nation and to protect the integrity of this uniquely Newcastle site.

Doug Lithgow
Parks & Playgrounds Movement Inc


Dear Councillors,

Item 44_ DA 08/1160 Newcastle Council Meeting Tuesday

Thanks for bringing this matter to our attention, it is of great importance to the City that we follow through with the vision of the 1990's Council policy and plans for the site. Subsequent Councils have been strangely unable to give direction to the future and have lacked policy direction. The present council by making determinations at officer level have been remiss and further muddy the vision.

Our letter Attached and its addendum showing the Council plan and its Axonometric View for the layout of the site Dated 1994 together with the details of the funding that has produced the significant  parkland area demonstrates the progressive nature of that former Council.

Our advice at this stage is that the building on the area proposed as Lot 4 be refused and the proposal be referred to the Commonwealth Department of the Environment, Water, Heritage and the Arts under the EPBC Act for their consideration given the area's potential National and World Heritage significance and the fact that the Commonwealth provided the major share of the funding for the restoration and landscaping of the site. Parks and Playgrounds Movement ask Council to positively implement the vision so clearly presented by the former 1990’s Council for the Convict Stockade/Lumberyard. The vision and strategy are shown in the illustrations in our July letter  and in the extract from ‘The Newcastle Experience’ A Newcastle Council Publication included.

We hope Councillors will be appreciative of our submission and give earnest consideration to this important matter and bring the vision of the Convict Stockade/Lumberyard site to fruition by beginning the process of acquisition of the new Lot 4 which is vital to the future image of the city.


Yours sincerely
Doug Lithgow
 
Convict Lumberyard - Objection to Building on the adjacent Lot 4 to the east [PDF format]