Blue Mountains {city} Council’s corporatised cultural cop out dismissal of default developments as being just ‘exempt sheds‘ shows frankly just how much of a bubble zone the joint is in.

One’s unnecessary property development dispute drama here with an adjoining neighbour and his invasive backyard sauna on our fence line began on Monday 8th December 2025.

This photo below is of the imposing ‘sauna shed’ part-built on our backyard fence line that suddenly confronted us as we walked out our back door to our laundry.   Construction of the new sauna had started with no notice to neighbours nor Council.    [Note: yours truly taking photo].   Notably, construction was underway leading up to the Christmas holidays when Council would be closed for some weeks – think ideal timing for the WWII Japanese invasion – authorities uncontactable, as all being on extended leave! 

 

Dec 2025:  Over our fence appears some new backyard sauna (under cowboy construction in blue) for a new Airbnb conversion, a totally illegal backyard development over the top of two sewers (note manhole on right leaning under new sauna). The build is almost on our back fence for an owner retiring and taking off overseas and to bugger the holiday let party-invite consequences set to adversely impact us as adjoining neighbours.  Council has deemed it to be a “shed” (read below response) and so auto-exempt from Council development approval.  Yeah but, this is the third “shed” on this residential property site (and that’s a breach for starters).  

 

Sounds like megalopolis over-developed Sydney spreading throughout the State of New South Wales by stealth.

Enter, Council’s Development ‘Senior Investigations Officer’ Ms Judy Le Breton that month to assess one’s concerns (NOT).

Well, a few weeks out from Christmas and governmental bureaucratic lockdown (aka ‘bugger the Japanese/these days Chinese threat’) one receives a quip rejection without explanation from Ms Le Breton thus:

 

“Dear Mr Ridd,

I have inspected the structure being built at the rear of [XXXXXX] Street, Katoomba. I am satisfied it meets the provision of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (‘Exempt SEPP’), and no action is to be taken by Council.

These codes relate to development that can be undertaken without requiring the consent of Council. I have addressed your noise concerns with the owner of [XXXXXX] Street. I am satisfied with the noise mitigation measures that will be employed, however should noise become an issue, you are able to seek a Noise Abatement Order via the Local Court.

The structure being built, whilst within a Heritage Conservation Area, is not a Heritage Item. This means that many of the Exempt SEPP development provisions (including those that apply to the structure being built at [XXXXXX] Street) can be applied without seeking the approval of Council.

Assessing compliance with state legislation is a major part of my job.  The legislation largely determines what is allowed and what is not. 

In relation to your Airbnb concerns, the Department of Fair Trading changed the rules around short term rental accommodation and it is no longer regulated by Council.

Regards,

Judy Le Breton | Senior Investigations Officer  |  BMCC …”

 

 

We note the cultural use of abbreviations and applied acronyms of invented terms by government bureaucrats.   

We refer to this as ‘Le Breton Cop Out‘, that is “nothing to see here!”

Council feedback above is that new builds in Heritage Conservation Areas are not heritage items per se.   They are what Council reckons are ‘exempt’ so nothing to see here by Council.  Property owners, developers and builders can go for their lives.  Be creative! These codes relate to development that can be undertaken without requiring the consent of Council.

As for noise from the sauna etc, should noise become an issue, you are able to seek a Noise Abatement Order via the Local Court.  So cop out #2 – adversely impacted neighbours have to go to court and get a solicitor.   Council: “Nothing for us to see here!”

As for the Airbnb invasion pandemic – Council: “Nothing for us to see here! Don’t ring Council, instead ring the Department of Fair Trading since the New South Wales (NSW) Government changed the rules around short term rental accommodation and it is no longer regulated by Council.”

What does NSW Fair Trading friggen know about Airbnb and holiday lets?  Nothing.  We checked their website, which is dodgy because it no longer uses the title Department of Fair Trading.  It reads as follows:

“The enforcement of planning laws (fire safety (including overcrowding), planning approvals, parking or ongoing noise) remains with local council, and criminal laws (urgent noise issues) remain with police.  The code of conduct does not change the existing complaint handling processes of local council and police.” 

Source: ^https://www.nsw.gov.au/housing-and-construction/short-term-rental-accommodation)

 

So, the only thing the NSW Government’s Department of Fair Trading deals with in respect to Airbnb’s is not regulation, but just handing complaints about them; otherwise the NSW Government is allowing property owners run a holiday let in a free-for-all globalist unregulated landscape.  It’s a repeat cop out of government regulatory accountability like San Francisco based Uber being carte blanche government invited to undermine/bankrupt Australian taxi licenses in a free-for-all.  Council and Fair Trading:  “Airbnb?  Again , nothing to see here!” 

This is undemocratic legislation by the NSW Government.  Perhaps NSW Parliament House in Macquarie Street Sydney and in the Chifley Tower, where the NSW Government bureaucrats indulge on high; could sublet their offices to Airbnb as well, and work from home?  Rules for some?

In the state of New South Wales, land use planning standards and laws have become so lax over recent years, that property owners and developers can more or less get away with murder.  Consider the flammable illegal cladding of high-rise apartments in Mascot (inner Sydney) for starters!  

 

Short answer? Nuh!  They’re all exempt.  Council’s “nothing to see here!” cop out.  Why have a Council – they don’t even collect rubbish – it’s outsourced to private contractor J.J. Richards.  Road building and repairs (like potholes) is also outsourced by Council.

 

Almost any development now is deemed ‘exempt’, as in – just go for it!  Nothing to see here!   Government has reckoned well it just can’t be arsed getting involved in anything less than what it considers to be ‘State Significant Development’ and of course it’s given such an acronym: ‘SSD’.   Of course it has.  Governments just have to have an acronym for everything government.  It’s so only them know what they are talking about.

Let’s explain the policy.  It’s termed ‘exempt development’ (State Environmental Planning Policy (Exempt and Complying Development Codes 2008) (bureaucratic acronym ‘SEPP’) –  aka ‘nothing to see here!’ 

Love the spelling, vegoes!

 

Garden Sheds?

Well, you can construct a ‘small’ garden shed on your property without council approval, provided it meets the (NSW) SEPP guidelines (Council interpretation permitted).

In theory, (on paper at least ) it must:

• Be no larger than 20 square metres.
• Have a height of no more than 3 metres (above ground level at least).
• Be located at least 900 mm from any boundary.
• This allows homeowners to add practical storage solutions without lengthy approval processes.

 

Yeah but, Council will ignore such conditions anyway, as Ms Le Breton just has in our case.   So (to quote) “You do  not need planning or building approval if your proposal complies with the exempt development standards“.   No of course in lay terms ‘Environmental’ and ‘Planning’ together are an oxymoron. 

‘Exempt‘ translates to ‘Council couldn’t give a crap’.

 

So, in the case of wanting to build a ‘shed’ on your property, in practicality (as in our case) the NSW Government’s standards don’t exist nor the rules likewise.   Your new ‘shed’ could be anything you wish it to be, so long as you refer to it as ‘shed‘ mind you.   This relates to other  terms like ‘cabanas’, ‘cubby houses’, ‘ferneries’, ‘garden sheds’, ‘gazebos’, ‘greenhouses’, etc.  See attached formal rules of the NSW Government.

And so local Council considers all this to be a total cop out for them – in your backyard there’s is nothing for us to see here!

 

Council will of course accept donations to get any ‘shed’ approved real fast!

 

So, what is a bloody ‘shed’ then anyway?    Well, the Oxford Dictionary traditionally defines a “shed” primarily as “a small, simple building for storage (like a garden shed) or a larger industrial structure (like a railway shed); as a verb, it means to lose or cast off naturally (skin, hair, leaves), to get rid of something unwanted (jobs, clothes), or to let something fall or flow (tears, blood, light).”

Yeah but wait, there’s more…

As a Noun (a shed is…):

• • “A small building: A simple structure, often wooden, for storing tools, bikes, or garden items (e.g., “bicycle shed,” “tool shed”).
    A large building: A big, basic structure for industrial or transport purposes, like an engine shed or a factory shed.
    (Australasian English): An open-sided building for shearing sheep or milking cows.  (Now you’re talking!)
  • As a Verb (transitive):
    To lose naturally: For animals (hair, skin) or plants (leaves).
    To get rid of: To discard something no longer needed, like jobs or excess weight.
    To release/flow: To let light, tears, or blood flow or spill out (e.g., “shed light on the subject,” “shed tears”).

Examples:

“The snake shed its skin.” (verb: lose naturally)
“They keep the lawnmower in the garden shed.” (noun: building)
“The company (Council) decided to shed some staff.” (verb: get rid of)”

 

So a ‘shed’ is rather open to various interpretations.   Council is well aware.  If it is subject to Le Breton Cop Out interpretation, then it can be more than ‘one step beyond‘ the traditional concept for sure.  The Le Breton Cop Out interpretation:

 

“Push yourself harder, to go beyond what is expected, dudes!!” 

 

We posit some creative options:

 

(1)   A wee ‘exempt’ shed

 

 

(2)   An ‘exempt’ shed, despite subsequent uses…

 

 

(3)   An ‘exempt’ larger shed  

 

 

(4)   An ‘exempt’ party cabana

 

 

(5)   An ‘exempt’ backyard sauna

 

 

(6)   ‘Exempt’ (habitable?) sheds, mmm

 

 

Now, this example at 39 Warialda Street, Katoomba, NSW above for decades had a proper house on the residential site on a land plot size of 1,402 m².   The house contained 3 bedrooms, 2 bathrooms, 1 parking space and a big Aussie backyard.  It was pretty much typical traditional Katoomba residential, just like the photo below shows the red tiled houses on the right-hand side. 

However, in 2015 it sold for $408,000 to a property developer.   Then Blue Mountains {city} Council approved the house’s demolition and with no regards for amenity approved six ‘swing-a-rat’ ‘studio’ townhouses be built  on  the same site.  Check out the aerial photo below (the grey ColourBond rooves on the left).   

According to RealEstate.com, in 2026 median property price in Katoomba over the last year for units is $585,000.  So this developer/owner of at 39 Warialda Street is currently sitting on $3.5 million ($585,000 x 6) of real estate, thanks to Council.   Is he/she known to Council perhaps, or even on Council, perhaps?  We term it ‘Mountains Money Grab‘ and it comes with ‘bugger the village amenity’ greedy {city} attitude.

 

 

(7)   ‘Exempt’ shipping container habitable ‘shed’ living

 

Not exactly Blue Mountains lifestyle living, nor in any definition compliant with respecting Mountains amenity.  Yet, Council let this shipping container inspired monstrosity on what was rural  bushland become ’43 Loftus Street’ in Katoomba an go through its planning approval. 

 

 

This lot had been a remnant of original bushland within The Gully Catchment above Katoomba Falls – and supposedly a heritage a naturally protected area.   But Council over decades had allowed it to be destroyed by ‘a thousand cuts’ over time by land use development down to a narrow pointy verge-type plot intersecting Neale Street and Loftus Street in Katoomba.  Worse, was that a huge healthy mature rare Eucalyptus oreades gum tree (dating probably over  300 years old – a measured girth of 5 metres DBH*) was killed in order to make way for this shitty shipping container build.  Then just five years later , the owner sold up and went elsewhere – typical ‘robber-baron’ style anthropocentric personal greed and abuse of native habitat.

 

 

* [NOTE:  Scientifically, the standard height for measuring tree girth (circumference) is commonly referred to as Diameter at Breast Height (DBH).  This measurement is taken at a consistent height above the ground to ensure comparable and repeatable data.]

And if you reckon that this ‘shipping container’ inspired build is a shocker, then consider the recent introduction of ‘pod’ accommodation in the {city} of Sydney.

 

 

(8)   An ‘exempt’ Lithgow Prison style toilet block

 

 

(9)   Council’s Civic Depression Centre in Katoomba – yep, ‘exempt’

 

 

(10)   Katoomba Falls Kiosk Shed ‘revitalisation’ – ‘exempt’

 

 

(11)   Another Council ‘exempt’ million-dollar toilet block

 

 

(12)   Council’s aquatic shed – ‘self-exempted’  

 

 

(13)   Skyway money invasion – ‘exempted’

 

 

(14)   Council chambers – monolithic isolate – ‘self-exempted’

 

 

(15)   Barangaroo twister?

 

 

(16)  Another conceivable ‘exempt’ example under this ‘cop out’ unaccountability regime

 

 

We’ve since learned that local Blue Mountains (City) Council have a development compliance ‘team’ so supposedly ensure that property developments meet the rules of where they are situated – like in a residential area, bushfire zone, on a steep slope, next to or within native habitat, or just bulldozed and rebuild! 

Sydney attitude, Sydney mandate – state-wide!   So, Council’s message to would-be cowboy developers is clear:

 

Council:  “So hey developers, go for it!   No rules, just do what ya want!   Nothing to see here by Council!”

 

 

…Alice’s second adventure takes her through the looking-glass to a place even curiouser than Wonderland.  She finds herself caught up in the great looking-glass chess game and sets off to become a queen.  It isn’t as easy as she expects: at every step she is hindered by nonsense characters who crop up and insist on reciting poems. Some of these poems, such as ‘The Walrus and The Carpenter’ and ‘Jabberwocky’, are as famous as the Alice stories themselves. 

As for Judy Le Breton, she’s has taken the definition of a ‘shed’ “one step beyond…”

 

 

 

Blue Mountains ‘City’ Council’s development approval process is organisation-wide, culturally mealy-mouthed and corrupted from one’s learned personal experience since 2001 and of records well prior, indeed since 1957 from damning local accounts.

 

 

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PART  I.    A Land-Use Development issue at hand

 

We highlight a non-complying third outbuilding development by an immediate neighbour (being a current work in progress in December 2025) located in a low density residential zoned and heritage listed area of Katoomba in the Blue Mountains.   Verbal feedback is that it is set to become a new ‘backyard sauna‘ situated just 30cm from this author’s back fence boundary, yet our research shows that the build is prohibited under various local Council and Sydney Water planning rules. 

Post build, the currently owner-occupied residential property (with renovated dwelling) is, news to hand, now intended to be let out to online Airbnb-type tourists for likely tourist group parties.  Include also the likes of online holiday let ‘Stayz’, ‘Bookings.com’, etc.    It will thus far become number 13 holiday let of a owner occupied residential house and land property within a recent trend of invading gourmet Airbnb-profiting investment owners in this heritage residential only conservation area.’ 

An intro heads up:  Check out this and the pricing:  ^https://holidaybluemountains.com/properties/

 

This regrettably sanctioned ‘blind-eyed’ allowance by local Council continues to undermine and engulf our quiet heritage listed residential cul-de-sac (where we’ve owned and lived as a small family since 2001).  Our century-old home, which we are ongoing restoring in heritage sympathy with colonial cottages around us is listed as 1883 ‘North’s Estate’. 

One serious concern is that local tenants, once prominent in this precinct have simply been priced out of available rental accommodation by greedy distant investors of residential properties around us on the band wagon of holiday letting their residential properties for many times the rental market average.  Local tenants have nowhere to go but to relocate far flung from family way afar.  Indeed, its sad and bad times, all encouraged by government failure and lack of interest in their constituents and all three levels of Australian government – federal, state and local!

 

 

A case in point is an ongoing current over-development/overcrowding of a residential property In Katoomba situated close by us, situated within a designated heritage (historical) conservation area.  It is in breach of many Council development rules.  Yet, despite our expressed concerns, citing of legislative breaches (ignored), then our submitted complaint, Council has just turned a blind eye and wipes its hands, citing NSW state legislation supposed exempting legislation.   Council’s attitude, by some blow-in inspector from Sydney, is that property owners may do what they bloody well want, heritage be damned, neighbours be damned!

As a Conservation Consultant, this little black duck didn’t come down in the last shower!  

This is a non-public photo of the subject property, only to demonstrate the reality anonymously.  It is situated somewhere within a listed heritage conservation area and there exist multiple ‘rules’ regarding development for this area and this address. 

Firstly we know, because firstly we have ourselves gone through the property development rules, guidelines, red tape restrictions, respecting where we are, sensitive to the heritage amenity and to our neighbours.  We eventually succeeded in having our plans approved by Council way back in 2005 after much effort, research and personal cost.  Our renovation project is both a sympathetic restoration and quality classic home improvement to the long neglected cottage we purchased back in 2000. 

Secondly, Steven Ridd, this joint owner has spent many years since 2001 as a environmental/conservation activist  initially with The Friends of Katoomba Falls Creek Valley Inc.,  The Blue Mountains Conservation Society, The Colong Foundation for Wilderness Inc., and The Habitat Advocate – ongoing here since 2001.

 

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PART  II.   Disclaimer

 

(1)   This article herein expresses the concerns of this author. 

 

(2)   This article is yes, political. 

 

(3)   The views, assumptions and opinions expressed in this article are the author(s) own. They do not purport to reflect the official policy of The Habitat Advocate or associates. Data references (images, documents, links, copyright, sources, etc.) appearing in this article are not necessarily controlled or monitored by The Habitat Advocate.

 

(4)   The information provided on this [Website/in this Article/Document] is for general informational purposes only. 

 

(5)   This article and its author hold absolutely no malice towards the example property developer which is anonymously used in this article simply to highlight the ongoing systemic failures of the Blue Mountains local government to respect local heritage conservation. 

 

(6)   This article is purely intended as a critical commentary on the injustice of due process, using this property development example as a sample case study only.  The property owner is irrelevant, rather it is about the failure of due process.

 

(7)   All information is provided in good faith for informational purposes only.  This article is not a guide or advice.  It is citizen journalism.  We make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information provided.

 

(8)   Under no circumstance shall we have accept any liability to any reader for any loss or damage of any kind incurred as a result of the use of the [site/article/document] or reliance on any information provided therein.  A reader’s use of the [site/article/document] and/or reliance on any information is solely at the reader’s own risk.  This article  is citizen journalism.

 

(9)  The [site/article/document] cannot and does not contain [medical/legal/financial/etc.] advice.  The information is provided for general informational and educational purposes only and is not a substitute for professional advice.  Accordingly, before taking any actions based on such information, we encourage any reader to consult with the appropriate professionals. The use or reliance of any information contained in this [site/article/document] is solely at a reader’s own risk.

 

(10)  Due privacy is respected in this article.  No identifying information is provided in this article about the property or the owner which a member of the general public could recognise in any text or images included in this article.  However, we do photograph the builder – Wayne, and identify the Council inspector, both of whom have ignored all the development rules and need to be held accountable.

 

(11)  The purpose of this article is not about any individual property owner, but to critique and challenged an example the systemic wrong/illegal land use development approval process by Blue Mountains (City) Council over many years, and is clearly ongoing.

 

 

 

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PART  III.   Issue Background

 

So, how does Blue Mountains ‘City’ Council’s heritage hypocrisy persist?   

Well, here’s an extract map of part of  North’s Estate Conservation Area in Katoomba dating back to 1883, as registered by Council, yet only on paper for starters since Council’s filed it for a decade:

 

 

Council’s repeated actions fail to comply with its very own policies, planning documents, bi-laws, and PR gestures.   

That this local government Council (‘BMCC’ acronym) patting itself on the back about in its quarterly community newsletter is blatant propaganda about all the so-called good it is doing for the Blue Mountains – its oxymoronic slogan “A City within a World Heritage Area” boasted claim.   

Yeah?   Like how all its stormwater and unbunded rubbish waste tips (Blackheath | Katoomba | Blaxland) up on the plateau tops seep their toxic effluent into the surrounding groundwater to watercourses and water catchments through World Heritage?   

Check the mapping.  Council’s Katoomba Tip (with a fancy name), situated on a ridgetop off Woodlands Road, has for decades received household garbage and an array of toxic contaminants that have been allowed to seep into the ground water and down into nearby Yosemite Creek, over Minnehaha Falls (and swimming hole) thence downstream into Katoomba Creek, Govetts Creek and into the Grose River through World Heritage.   It is therefore not a wise move to swim in that swimming hole. 

The same has been allowed at Council’s Blaxland Tip to contaminate adjacent Cripple Creek (appropriately named in hindsight), thence into Fitzgeralds Creek and into the Nepean River.  Similarly, it is therefore also not a wise move to swim at Penrith Beach adjacent. 

  

 

And yeah?  Like how its five public swimming pools (all chlorine saturated) respectively at Blackheath, Katoomba, Lawson, Springwood and Glenbrook each drain their entire contents each winter into the surrounding watercourses.   So is that why all the native aquatic wildlife (fish, eels, freshwater crayfish and macro-invertebrates) – no longer subsist in the Blue Mountains World Heritage creeks and rivers downstream? 

 

 

Long dead are all downstream creeks and the Kedumba and Grose Rivers of our World Heritage Blue Mountains.  Why are we still “World Heritage” listed with UNESCO if it’s just a political ruse to fuel a megalopolis snowballing Sydney’s drinking water supply?   Labor’s former Member for Blue Mountains Bob Debus never answered that question.  I wouldn’t drink the stuff, well knowing what goes downstream into Lake Burragorang above Sydney’s survival Warragamba Dam.

Council in its aloof chambers perched in a high rise away from the Katoomba community has thought of itself as running a “city” moreso than a regional municipality well beyond the big city high-rise and sprawl that is the metropolitan city of Sydney.   Most councillors, management, staff (the ‘Council mob’) and of course the plethora of senior management’s ring-in consultants have emanated from Sydney, muchly with an urban big city mindset.  

Quote: “Suburbs“?   So is NSW Tibooburra a quote “suburb” as well?   Wikipedia:  “Tibooburra is a town in the far northwest of New South Wales, Australia, located 1,187 kilometres (738 mi) from the state capital, Sydney.”  [read more]

 

 

Katoomba, for those not familiar, is not yet a suburb of megalopolis Sydney.  It’s just an equivalent well distant remote village like that of Shelby in Montana, USA ain’t yet a suburb of New York City!  [read more about Shelby]

Meanwhile, property investors across Australia are cashing in with Airbnb outsourcing and the NSW Government lets ’em… Check this in this subject area of North’s Estate Conservation Area in regional Katoomba, which confirms no tourist accommodation exists.  Crap! … Try more that 500 Airbnbs taking over the regional Blue Mountains !!!  Here’s an example…

 

 

 

“The average rent for a house in the Blue Mountains is around $600 – $650+ per week, with specific suburbs varying, but showing strong demand and low vacancy rates, meaning it’s a tight rental market with prices generally trending up, especially for larger homes“. 

[Source:  Google AI (2025) – so anonymous, so frankly who knows the truth online these days.]

 

Sydney is far from being an ideal city, so not an appropriate role model for any regional community.   The Blue Mountains village of Leura would be a far better role model, but visitors note, the streetscape and garden plantings down Leura Mall are not the work of Council, but rather by volunteer efforts and funding by local Leura residents and Leura small retailers.   

Whereas, Council loathes knowledgeable long-time locals because ex-Sydney council staff are blow-ins reaping self-interest paychecks.  Council prevails in its bubble mindset in ‘north Katoomba’ conjured up tarting up the footpath in nearby Katoomba and Bathurst Streets (‘south’ Katoomba).  That brain snap cost $3 million and did squat.  Of course Council outsourced it to some Sydney contractor again.  But it directly shut down many retailers retail for nearly a year causing many to go broke.  Nice one, lower Mountains Mayor Mark Greenhill!

More recently, self-anointed Blue Mountains councillors (100% Labor Party obedient disciples) have ramped up the ‘ECO’ zealotry thus…

 

 

Pull the other one, Council!  

This Council mob continues to remain aloof to the interests of locals and chronically blasé in attitude to respecting local Mountains heritage in all its genres.  The bureaucrats are so overpaid (out of local ratepayer rates and their NSW Labor mates’ NSW government grants) and so happily unaccountable, especially the higher echelons to a salary of $300,000+ per year.  Where’s the helicopter and helipad to fly in Council’s GM’s ring-in commute from Sydney to Katoomba chambers to show up for the odd (“yeah, we need you”) meeting?

As a long-time resident of the Blue Mountains region west of Sydney, The Habitat Advocate (read about us) has become accustomed with this local council’s ongoing contempt for heritage.  Heritage conservation in all its genres – natural/environmental, historical, built/architectural, village streetscape, Aboriginal, you name it.   

A case in point is comparing the ground-truthing reality with Council’s webpage entitled ‘Heritage Conservation Areas’ (Go to this link and read: ^https://www.bmcc.nsw.gov.au/heritage/heritage-conservation-areas).

 

The spiel starts off as follows: 

“The Blue Mountains is well-known for the historic character of many of its towns and villages.  In some towns and neighbourhoods buildings from the Victorian, Federation, Edwardian, Inter-War and Post-War eras create visually interesting and layered streetscapes.  Many streetscapes are enhanced by mature street tree plantings and established exotic gardens. 

Council has established ongoing recognition and protection for the many early houses and the generally traditional streetscapes found in most towns and villages of the Blue Mountains. These important historic areas are protected as heritage conservation areas. The full list of heritage conservation areas is listed in Schedule 5 of the Blue Mountains Local Environmental Plan 2015 (LEP).

The boundary and inclusions for each heritage conservation area are defined by an accompanying map, and the reasons for listing explained in the heritage inventory sheet for each area. 

On 19 July 2019, areas of older housing, formerly protected as Period Housing Areas, were converted to new heritage conservation areas as part of Amendment 6 to LEP 2015. Subsequently, the Period Housing provisions of the LEP were superseded by Clause 5.10 of LEP 2015.  Full details and timelines from start to finish on this planning proposal are under ‘related sites’.”

 

‘Propaganda‘ is generally defined as “information, especially of a biased or misleading nature, used to promote a particular cause, doctrine, or point of view.”   That is what the above  extract is – Council propaganda.  Council says one thing yet does another.  Council is hypocritical.

 

Blue Mountains Heritage ‘knowledge’ does NOT reside with Council management and staff

 

So, why do Blue Mountains councillors seek out Sydneysiders as consultants so repeatedly?  Political links? Favours?  Bias?  Corrupt conduct?  All the above?   It is because the management are culturally fearful that by Council staff learning such skills, that the Council staff will gain more knowledge that the management.  So by Council management engaging distant contractors for one off research tasks, at ratepayers expense of course (else funded out of NSW Government grants) the management incumbent management cannot be replaced by more knowledgeable and competent staff.  Jobs for life.  Like, Council’s General Manager Dr Rosemary Dillon (not a medical doctor, and elevated in government to corporatised ‘Chief Executive Officer’) has been on management for 30 years, and now gets paid $421,535 per year.  Australia’s prime Minister gets $622,000 per year.

We note the tabulated list of these branded ‘Heritage Conservation Areas‘ and surprised to note that these are grouped under the tabulated heading of “Villages”.  Good!  This is correct!  It is in contrast to many amongst the Council mob (ex-Sydney) terming the villages as “suburbs” as if the Blue Mountains is a city.  It is that city-centric mindset being propagated to the Mountains locals.   

We focus specifically herein on Katoomba’s ‘North’s Estate‘ listing midway down the table.  By then clicking on that table’s Map and Inventory Sheet hyperlink  ‘K171‘ for North’s Estate, one is directed to another Council webpage to enable one to download a PDF document.   The full name of the North’s Estate “item” is ‘North’s Estate Heritage Conservation Area‘ (Local ID: K171).  That document is eleven pages long in PDF and we supply a copy link, since it is in the public domain.

 

 

[SOURCES:  Not Blue Mountains own, but yet again more of Council’s outsourced ring-in consultants from Sydney – the likes of: 

1. 1. Paul Davies Heritage Architects Pty Ltd (of Drummoyne, Sydney)
   2. (Robyn) Conroy Heritage Planning (of Surry Hills, Sydney)
   3. Croft & Associates Pty Ltd (of Baulkham Hills, Sydney)
   4. Meredith Walker (of Rockdale?, Sydney),
   5. Tropman &Tropman Architects, of 55 Lower Fort St, The Rocks, Sydney.

 

Blue Mountains Council’s heritage knowledge resides not within its management nor staff.  Over the years as long-time employees leave or are asked to leave, no-idea ring-ins typically escaping Sydney take on responsible roles such as in heritage yet with no local knowledge and no handover nor training.  It’s like Council’s new recruit orientation going like this:  “Welcome aboard, there’s your seat and your shared desk, any questions?”  Indeed, we know of one of its legendary former employees Local Studies Librarian and Blue Mountains local historian, Mr John Low OAM who got ‘retired’ way too early by Council management in 2007.  

“John Low was Local Studies Librarian at the Blue Mountains City Library 1982-2007.  [Note: some 25 years]  An active member of the Blue Mountains Historical Society, he received an Order of Australia Medal (OAM) in 2012.”

John had more local knowledge about Blue Mountains history than anyone else at Council.  John has over the years written history books on the Blue Mountains and has delivered public presentations on various topics of Blue Mountains history.  He researched and prepared a history of this author’s house and street back in 2001.  Along with John Low, John Merriman has served as senior staff (but not management) on the Council payroll for almost as long, acquiring  details and extensive knowledge and insights into Blue Mountains heritage, particularly its history back to the first colonial crossing of 1813 and prior.  Like John Low, John Merriman is also an established author of Blue Mountains history, having written many books and academic papers and published online.   

However, Mr Merriman has, instead of being duly promoted for his ability, dedication and long service to say Heritage Manager, he has been relegated from his history office in heritage-listed Braemar House (c.1890 guesthouse) to a basement desk in a corridor below the new Springwood Library, more inaccessible to the public for research, as he was previously.   In 2024 the interior of the house was re-purposed as an art gallery featuring local visual art throughout the rooms.

Previously, during the 1980s – 2000s period, both John’s (whom this author knows well) worked under the guidance of Council’s qualified heritage architect Christo Aitken.   Mr Aitken probably has more details heritage architecture experience on Council (management and staff).  Alas, he was made part-time back in the early 2000s (Council senior management politics again?).  So he has since set up his own heritage advisory firm consulting back to Council.   

The only ones on Blue Mountains Council these days with heritage knowledge are young ring-ins from Sydney, with no local knowledge or experience – (not their fault per se) but its just as senior management wish to ensure.  It’s of course so senior management can maintain a disproportionate power and influence on Council to safeguard their self-interests.   Crikies, cynically Council’s heritage strategy and heritage constraints if duly respected and followed could stymie Council’s city-centric development projects, like Council’s Katoomba Falls Kiosk  “revitalisation project” of 2019.   Check these photos:

An original photo during construction back in 1921:

 

 

Yet, Blue Mountains CITY Council’s anti-heritage replacement plan of 2019:

 

 

 

Council’s destructive design for Katoomba Falls Kiosk was rejected by the local Blue Mountains community heritage panel.   

[AUTHOR’S NOTE:  We recommend that Council assess the bushland site and remove the long closed and dilapidated toilet block near the escarpment edge below the kiosk;  it’s overgrown by noxious covered in weeds.  Then to and undertake weed removal and bushcare to restore the native vegetation (with an aesthetic fire barrier – use Conservation Hut as a model amenity outcome].

This author went for a job on Council once, being a naïve new Blue Mountains resident (from Melbourne) in 2001.  In the author’s view the interview process was corrupt and underhand. 

The reason why we are writing this article is to cite yet again another example of Blue Mountains Council’s city-centric organisational culture of ignoring and acting contrary to its own policies, planning, rules particularly as they related to Blue Mountains heritage respect, conservation and sympathetic restoration.   This deals with a land use development within North’s Estate Heritage Conservation Area  (Local ID: K171).   

 

 

This article’s writer, and The Habitat Advocate’s founder and Conservation Consultant, Steven Ridd, continues to be based in residence within the North’s Estate Heritage Conservation Area since 2001. 

This area is also within what we refer to as ‘The Gully Water Catchment‘, otherwise more broadly known as Katoomba Falls Creek Valley for many decades.   Within this catchment is the small natural bushland valley, termed ‘The Gully Aboriginal Place‘.   In recognition that many locals (immediate locals) will not know or even be aware the specific location we are to focus upon, for introductory reference, given that we reach a wide audience, for clarity we supply the following maps zoom-in sequence to identify where we are: 

 

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PART   IV.   Topic Location

 

[AUTHOR’S NOTE:   The ‘Issue‘ in this article is about Blue Mountains Council hypocritical treatment of heritage value of the Blue Mountains, in this case historical built heritage and colonial streetscape.   The specific ‘Topic‘ within this issue in this article  is ‘North’s Estate Heritage Conservation Area’.  And then a specific ‘Case in Point‘ is the example of a current ongoing illegal and unapproved ‘backyard sauna‘ development that breaches many rules – heritage, zoning, Council approval process, etc. which adversely impacts this author.

 

[A]   A Global Location Map:

 

[B]   Katoomba- Sydney Location Map: 

 

[C]    Katoomba Falls Creek Valley Map: 

 

[D]   ‘North’s Estate Heritage Conservation Area’ extract historic cartilage map (within):

 

 

So hopefully now as a reader to this article, you can find the location of where we are talking about.  

Prices per night under San Francisco based Airbnb…

 

 

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PART   V.    Critique of Blue Mountains Council’s mistreatment of ‘North’s Estate Heritage Conservation Area’

 

[AUTHOR’S NOTE:  A ‘critique’ is not just criticism, but also evaluation and judgment, with some constructive recognition of content of merit.  Whilst we do criticise certain aspects of this Council documented report, we also constructive when we consider content to be apt, based upon our own insight and research.   Such critique comes from this author’s personal background (academically, professionally, research, local knowledge and reasonable longevity from living in the subject area.   The author of this article is an Analyst by qualification and experience.  This article aims to provide thoughtful insight and feedback of the report (the oddly entitled ‘Draft Heritage Data Form‘).  We encourage a deeper understanding of the concept and details of what comprises a ‘Heritage Conservation Area’, that it be formally completed, enhanced to best practice standards, then displayed as a comprehensive draft #2 publicly freely, consulted publicly, before being legally gazetted and thereafter legally enforced.]

 

Here we focus on ‘North’s Estate Heritage Conservation Area‘, being where we are based and reside.  Again, this is Council’s ‘Draft Heritage Data Form‘ pertaining to this heritage ‘item’:

 

This enclosed document, Council’s ‘Draft Heritage Data Form‘ pertaining to this heritage ‘item’ (or really ‘area’) warrants a few critiques, as follows:

 

[Our Critique #1]   The form is in 2025 dated 2016, making it in December 2025 being a decade old, so sending a message that it has been since ignored by Council.

 

[Our Critique #2]   The form is in 2025, remains a “Draft” a decade later.   Why?   Council does not care.  Council only prepared this document (or rather was legally required to do so because of NSW Government legislation in 2015 re-branding what was zoned ‘Period Housing’ to be ‘Heritage Conservation’.  Cynically, this effectively was just a tokenistic name change. 

 

[Our Critique #3]    Council has overlooked its own website concerning heritage conservation across the Blue Mountains local government area.  How so?  Well, its Development Control Plan of 2015 still continues to use the long obsolete term ‘Period Housing‘ (circled below).   This reflects Council’s disregard towards updating its heritage management records and rules.

 

Source: ^https://www.bmcc.nsw.gov.au/development/planning-rules/development-controls-for-land-zoned-under-LEP-2015/DCP-2015

 

[Our Critique #4]    The form was not written by Council.  As highlighted above, it was researched and compiled by outsourced ring-in consultants from Sydney – the likes of  Paul Davies Heritage Architects Pty Ltd (of Drummoyne, Sydney), (Robyn) Conroy Heritage Planning (of Surry Hills, Sydney), Croft & Associates Pty Ltd (of Baulkham Hills, Sydney), Meredith Walker (of Rockdale?, Sydney), Tropman &Tropman Architects, of 55 Lower Fort St, The Rocks, Sydney.

 

[Our Critique #5]    The Statement of Significance at pages 1 and 2 requires factual historical correcting.   

Yes, we note that the ‘Level of Significance’ for North’s Estate is at both ‘Local’ Level (Blue Mountain Local Government Area and at ‘State’ Level (New South Wales).  So this is not insignificant.

The North’s Estate Heritage Conservation Area (HCA) in fact dates to 1876 when the then Government of the colony of New South Wales sold a large bushland parcel of the Blue Mountains plateau (western part of today’s Katoomba around the Katoomba Falls environs) to English immigrant, stockbroker, miner then property developer John Britty North (1831-1917).  North subdivided the northernmost part of his property for residential development in 1883 and it became known as North’s Estate, the very first (and so oldest) housing subdivision in the Blue Mountains region.

 

 

 

 

This is where The Habitat Advocate base resides.   It is also especially why, one takes a special interest in this matter.  We are here, home long located in North’s Estate of 1883 ‘SEC IX‘. 

Yes, we after 25 hard-working and costly investment renovation years, take a focused interest in what happens in our neighbourhood that could try to ever undermine it.

 

 

 

 

 

 

 

 

 

 

 

 

 

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PART  VI.   A Case in Point

 

In 2006, an immediate neighbour of ours within North’s Estate Heritage Conservation Area (HCA) ‘SEC IX’ (per the mapping above) had purchased a residential property having a pre-existing heritage detached residential dwelling, so at the time of writing, close to 20 years ago.   Extensive renovations over the years in sympathy with the colonial cottage style character of the property and the HCA were undertaken, likely at substantial cost.  For ethical privacy reason, we choose not to identify the property herein, since the issue we raise is of a failed process by Council.

We became aware of a new third outbuilding being constructed in the backyard in November 2025 – an outdoor backyard sauna.  But by Sunday 6th December 2025, the scale of that build and its 350mm close proximity to our fence seemed to be an over-development of the site.  We’re talking about an under a 700m2 block in a low density residential zone in a designated heritage area. 

We’ve also learned subsequently that the property is to be yet another Airbnb-style holiday let investment, so no longer to be owner-occupied.  It will add to the more than an dozen holiday lets within the tiny (HCA) ‘SEC IX‘.   None of this this was previously communicated to us as an immediate neighbour.  We phoned and left a non-contextual voice message just for the owner to call one back.  Ignored.

Frustrated, here are the subsequent photos from our side of the fence of this new build in progress at the time of writing:

 

 

 

 

 

 

So,  inquisitive, one wrote to Blue Mountains Council (BMCC) by email on the Monday morning thus:

 

Correspondence #1:

Monday 8th December 2025, one phones Council and reports the matter to the Council’s Customer Service Department.

A CSR (Customer Service Request) is requested by self from Council for the record: #634961.

 

Correspondence #2:

Same day, one sends a followup email to Council with the details and including four relevant photos as evidence of work in progress, thus:

 

Attention: [Council’s Health & Building Surveyor]
Blue Mountains City Council
Locked Bag 5
KATOOMBA NSW 2780

8th December 2015

 

Dear Mr XXXXXXXX,

I wish to enquire with you at Blue Mountains City Council whether a current backyard construction adjoining my residential property has BMCC approval and is appropriate.

Currently, there is a building construction underway at (SUBJECT DEVELOPMENT SITE)  Katoomba over my back fence adjoining our property that has just become obvious to me, yet it would appear to be perhaps excessive?  I attach a few current photos of the work in progress from our property for your information for clarity.  This is a heritage residential precinct.

My property is located at (SUBJECT DEVELOPMENT SITE) Katoomba and in recent weeks I have noted that a sizeable building development is underway that is very noticeable and comes to being measured just 350mm from our back fence and looks to become well above our fence line once completed.  Our neighbour, whom we are otherwise amicable with, is currently in the process of having this construction become a new backyard sauna.  Of late we have noted that it is very dominant and close to and rises above our rear fence line.  It is unclear whether this will entail an associated noise impost once operational.

Is Council aware of this new construction development and does this have Council permission and approval?  Since I have received no such written notice of this development.

Kind regards,
Steven Ridd

 

Correspondence #3:

Two days later, on Wednesday 10th December 2025, one phones Council to followup the Monday request.

Council advises that as yet no ranger or investigator has been assigned to this matter.  One requests a documented ‘Customer Service Request reference number (CSR) and is advised of CSR #634109 about of this raised neighbourhood concern.

Council advises that the Health & Building Surveyor addressed in one’s email is not with Council (presumable he must have resigned and Council has deleted all records of his senior staff role existence).  One had dealt with him co-operatively for over a decade regarding one’s own legitimate and approved development application.

 

Correspondence #4:

On Friday 12th December 2025 four days later, one received its first reply from Council on this reported matter, thus:

 

“Dear Mr Ridd,

Council do not hold records of the development you have described at (SUBJECT DEVELOPMENT SITE) Katoomba.

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (‘Exempt Code’) outlines development that can be undertaken without requiring development consent.

The photographs you have provided show the structure will likely largely meets subdivision 9 of Part 2 of the Exempt Code when built, except perhaps the distance to the boundary.

Would you like this structure investigated for distance to the boundary? If so, please let me know.
Please be aware that Council does not disclose to a person who complained about them, but it may be very obvious to you neighbour that it was you.

Regards,

Judy Le Breton | Senior Investigations Officer | t:  02 4780 5000 |  e:  council@bmcc.nsw.gov.au
Blue Mountains City Council  |  council@bmcc.nsw.gov.au   |  www.bmcc.nsw.gov.au  |  Locked Bag 1005 Katoomba NSW 2780 ”

 

Some relevant observations at this juncture:

(i)  One’s presumption had been correct, that the owner had not sought nor obtained Council approval for the third outbuilding – the sauna;

(ii)  There are no plans or design drawings for the sauna.  As an immediately adjoining neighbour to this construction development, one is entitled to be notified in advance of such a development;

(iii)  How can this development (over-development) be exempt from planning controls such as the HCA  and Council’s rules – its Development Control Plan 2015, DCP 2015 Amendment 8 Part D – Heritage Management, and that this residential area is zoned ‘R2: Low-Density Residential’?;

(iv)  Why should one as a resident be required to research and interpret State Environment Planning Policy?  This is the task of Council;

(v)  Is this person Judy Le Breton, a supposed Senior Investigations Officer in any way qualified to assess this development for its compliance with Council’s planning rules? 

 

Correspondence #5:

Same day, on Friday 12th December 2025, one phone’s Council requesting to speak with Ms Le Breton, but she is not there and so leaves a message.

Another Customer Service Request number is issued to Mr Ridd: ‘CSR 634961‘.

 

 

Correspondence #6:

Same day, on Friday 12th December 2025, one emails Council referencing CSR 634961 and attaches a copy of the North’s Estate Heritage Conservation Area document, obtained from Council’s very own website.  This is because Ms Le Breton in her email reply did not mention this very relevant document, nor mention Council’s relevant zoning requirements, nor Council’s the DCP 15 Heritage Management, but only state policy.

 

Correspondence #7:

 

Then on Friday 12th December 2025,  Mr Ridd emails Ms Le Breton as follows:

 

RE: (Subject address) Katoomba – new development adjoining (CSR 634961)

Hello Ms Le Breton,

Thank you for your email reply.

However, I reported this to Council by phone last Monday 8th December 2025, so some four days prior. It is disappointing that this is the first that I have had Council contact me about this. Had the weather not been rainy this past week, the neighbour ‘Wayne’ may well have finish the build by now.

I follow with Council by phone on Wednesday 10th December and was told that a ranger had not yet been assigned to the matter.

Yes. I wish to check due process and the legalities concerning this new development. I don’t mind in the slightest about the owner knowing it is me (over the corner side fence) raining my concerns.

I have known the previous owner (SUBJECT DEVELOPMENT SITE) for over the past 15 years on a very amicable basis, not just as adjoining neighbours but as good friends.
I have today followed up again by phoning Council after receiving your email reply below.

 

My Concern that should be addressed by Council in this matter:

(1)  I am concerned that you seem to be fobbing me off to research some state legislation online. Is that not your task or that of Council’s Development Monitor Team to check? This would seem lazy?

(2)   My wife and I had our own land use application submitted and approved by Council submitted back in 2005 (Reference X/XXX/2005). It subsequently gained substantial commencement status. We had to comply with the many rules for the renovations and extensions and the conditions of consent. So we are aware of the rules and restrictions for our own development which after many years remains ongoing.

(3)  One of the rules is that our building may not extend to within 1400mm from any boundary on the property land site. However, this new outdoor building measures just 350mm from our boundary.

(4)  I note that you say Council is not aware of this development at (SUBJECT DEVELOPMENT SITE) Katoomba (literally adjoining part of our back fence).

(5)   I point out that the fabrication is being made using pine timber, however this is in breach of the bushfire regulations since both properties are situated within a bushfire high risk zone (<50 metres) , so demanding non-combustive construction material (not pine) for all exterior cladding.

(6)   This build is a second one that adjoin this, (The “pavilion”) probably also in fabricated in pine.

(7)   In contrast, all our exterior materials are in approved Merbau hardwood or concrete sheeting (on a temporary basis). It has thus far cost us a considerable outlay over the years
trying to do the right thing by Councils rules and the legislation.

(8)  This residential area is a designated heritage conservation area known as North’s Estate heritage Conservation Area (Reference K171) (see attached copy and link to Council’s website ^https://www.bmcc.nsw.gov.au/documents/map-and-heritage-inventory-sheet-k171 ) The heritage conservation assigns a high value to the amenity and streetscape to this rare purely residential area. It seems you are not aware of this special heritage conservation classification that include both xxxxxxxxxxx and xxxxxxxxxxxx Streets.

(9)  It is not supposed to have any tourism development, yet over recent years numerous homes have been converted to permanent Airbnb’s. It is my understanding that this is planned with (SUBJECT DEVELOPMENT SITE), with this new build become a outdoor sauna and shower in the garden.  Others include 4, 7 (x2), 10, and 8 Kundibar Street – none with local resident notification and probably nor Council notification, awareness, nor approval.  So they would thus be each in breach of the classification.  Quote at page 7: “it does not provide tourist accommodation or facilities.”

(10)  We have received no plans or written information from the owner about what is proposed in this “sauna” – such as a potential fireplace, noise, perhaps amplified music, hours of use. As such this would seem to be an illegal development.

(11)  I wrote to (Council’s Health & Building Surveyor) on this , however he seems to have retired or moved on from Council. We’ve dealt with him for many years he was very knowledgeable about development matters and quite helpful and responsive.

Please investigate this onsite ASAP and not after Christmas and New Year break, since the thing will likely be operational by then. Feel free to contact me to arrange access to our property for inspection from our side of the fence.

Yours faithfully,

Steven Ridd

 

Correspondence #8:

 

[On Friday 19th December 2025, Mr Ridd from his backyard happened to observe the subject owner talking with an unrecognisable man close to the back fence – presumably an inspector from Council.   Then on Monday 22nd December 2025,  Mr Ridd received to following email from Council]

 

(Subject Address) Katoomba (CSR 634961)

Dear Mr Ridd,

I have inspected the structure being built at the rear of (SUBJECT DEVELOPMENT SITE) Katoomba. I am satisfied it meets the provision of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (‘Exempt SEPP’), and no action is to be taken by Council.

These codes relate to development that can be undertaken without requiring the consent of Council. I have addressed your noise concerns with the owner of 5 Warriga Street. I am satisfied with the noise mitigation measures that will be employed, however should noise become an issue, you are able to seek a Noise Abatement Order via the Local Court.

The structure being built, whilst within a Heritage Conservation Area, is not a Heritage Item. This means that many of the Exempt SEPP development provisions (including those that apply to the structure being built at (SUBJECT DEVELOPMENT SITE) can be applied without seeking the approval of Council.

Assessing compliance with state legislation is a major part of my job. The legislation largely determines what is allowed and what is not.

In relation to your Airbnb concerns, the Department of Fair Trading changed the rules around short term rental accommodation and it is no longer regulated by Council.

Regards,

Judy Le Breton | Senior Investigations Officer | t 02 4780 5000 | e council@bmcc.nsw.gov.au
Blue Mountains City Council | council@bmcc.nsw.gov.au | www.bmcc.nsw.gov.au | Locked Bag 1005 Katoomba NSW 2780

 

Correspondence #9:

 

22nd December 2025

Hello Ms Le Breton,

I total reject your rejection of the rules.

You are acting in breach of Council’s own regulations.

You have offered me no justification for doing so.

 

So, I am going public on this issue, having first tried my best through normal channels unsuccessfully.

Yours faithfully,

Steven Ridd

 

Our Critique:

 

(1)   The sole person observed by Mr  Ridd who inspected onsite the Friday prior to Ms Le Breton’s email decision of the following Monday, was not female.

(2)   For a Council development compliance inspector to firstly admit that Council had not been notified of the development and then to approve it anyway is tantamount to incompetent conduct, if not corrupt conduct, in our view.

(3)   We deal with Ms Le Breton’s obfuscating reliance upon State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (‘Exempt SEPP’) further on, but frankly what is her job and is she doing it?  So Mountains backyarders don’t require the consent of Mountains Council these days?   Hey, well that sends a message!   May be I should build meself a backyard moonshine still – surely give Mountains Culture Brewing a run for its money, I reckon.   Got the room and all.

 

So, what a slack job Council Senior Investigator Le Breton as a compliance inspector quoting exempt State legislation by default.  Having the shallow interest of a politician and the skills of a Grade 3 school student in …our view.

 

(4)   Noise?  Council Senior Investigator Le Breton dismisses noise issues. Back on me:  She again cops out and quotes: “however should noise become an issue, you are able to seek a Noise Abatement Order via the Local Court.”  Her cost? Her involvement?  Nuh!  

 

(5)  Senior Investigator Le Bereton quoted response:  “The structure being built, whilst within a Heritage Conservation Area, is not a Heritage Item.”  Yes, so is that not a breach of the HCA?   What if this property owner constructs another six outhouses and houses a dozen holiday makers on his residential site.  Council to reckon: nothing to see here?  All EXEMPT?

 

(6)  Quote:   “In relation to your Airbnb concerns, the Department of Fair Trading changed the rules around short term rental accommodation and it is no longer regulated by Council.”

So no limit?  What does heritage management mean Senior Investigator Le Breton?  Nothing, a free for all?  Le Breton has the slackest job on Council – do nothing, roneo copy and email state legislation.  A eight year old could do that.     Go back to megalopolis Sydney!

 

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PART  VII:   Blue Mountains Planning – Shed Development Rules 

 

[AUTHOR’S NOTE:  Council is treating this sauna (to be) as no more than ‘a shed’.]

“In the Blue Mountains, a shed may be considered “exempt development” and not require council approval if it meets specific size, height, and setback criteria under the NSW planning rules.  

The key setback requirement for an exempt shed is generally a minimum of 900mm from each boundary.”  [AUTHOR’S NOTE:  The owner’s setback of the sauna wall framing from Mr Ridd’s back fence is just 500 mm.  It will be less than that once the wall cladding is added.  The lean-to roof currently has one rafter 350 mm from the fence.]

 

Shed Requirements for Exempt Development in NSW

 

“If your shed meets all the following criteria (from the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008), it is exempt and does not need a  Development Application (DA):

 

“Size:   No larger than 20 square metres in floor area in residential zones (50 sqm in rural zones).” 

[Our Comment:  The owner has not disclosed the eternal dimensions of the build to anyone, including Mr Ridd or to Council.  It appears to be approximately 4m long (along tne fence), 2.5m deep and 2.5m high with a lean-to roof, so this make the overall floor area 10m², not allowing for the addition of the proposed outdoor shower.  But it seems to be being designed as it is constructed.  There are no known design plans.  Observations are that the owner and builder seem to be in regular onsite discussions as to what to do – making it up as they go along.]

 

“Height:   No higher than 3 metres above ground level, or 2.4 metres if built within 1 metre of a boundary.” 

[Our Comment:  The subject build is within 500mm of our boundary, perhaps the lean-to being 2m at the fence line, rising to 2.5m on the other garden side.]

 

“Setback:   A minimum setback of 900mm (0.9 metres) from each property boundary.” 

[Our Comment:  As mentioned above in this part, the owner’s setback of the sauna wall framing from Mr Ridd’s back fence is just 500 mm.  It will be less than that once the wall cladding is added.  The lean-to roof currently has one rafter just 350 mm from the fence.]

 

“Location:   Must be located behind the building line of the main house.” 

[Our Comment:   Yes, from a public ‘streetscape’ narrow perspective, it is.  Yet, it encroaches on the amenity of an adjoining neighbour, Mr Ridd.  Neither the owner nor Council has not engaged in any resident consultation process in relation to (A) the North’s Estate Heritage Conservation Area, nor (B) Zoning of this R2 Low-Density Residential Zone, nor  (C) This particular Backyard Sauna development].   Council frankly couldn’t give a shit.

 

“Number of structures:   There are generally no more than two exempt development structures (e.g., sheds, carports) per property.” 

[Our Comment:  The subject owner has (1) a renovated carport, (2) a newly constructed (<4 years) pavilion (large entertainment shed – dimensions 5m (L) x 3m(D) x 3m (H) without any Council approval]

 

“Materials:   If the property is on bushfire-prone land, the shed must be constructed of non-combustible materials. (Much of the Blue Mountains is bushfire-prone).” 

[Comment:  The subject property’s backyard sauna is zoned within ‘Bushfire Prone Land – Vegetation Buffer’ under Council’s emapping software, yet the pinewood fabrication is highly combustible and so a prohibited material.]

 

 

“Other conditions:   It cannot be a shipping container and must not interfere with access or fire safety measures of another building.” 

[Comment:  The backyard sauna poses a fire risk due to the combustible construction materials used, the need for a heating device to make the sauna functional, and likely no planned allowance form first retardant measures such as a fire blanket and fire extinguishers.  In addition, the owner’s intention to soon dedicate the entire property to being an Airbnb holiday let would mean that such guests would likely not be trained in fire safety or fire supression in the event of a fire in the sauna.   The close proximity of the backyard sauna to Mr Ridd’s rear fence would severely restrict fire fighting access Mr Ridd’s property from the rear.]

 

Neighbour Notification and Disputes

 

“Exempt Development:   While there is no formal requirement to notify neighbours for exempt development, it is always recommended as a common courtesy to maintain good relations and prevent future disputes.” 

[Our Comment:  Council’s has advised that the property owner has not notified Council.  The property owner has not notified adjoining neighbour (property owner) Mr Ridd.  Mr Ridd has disputed Council’s lax interpretation that this backyard sauna is deemed ‘exempt development‘ under the the NSW SEPP (Exempt and Complying Development Code) 2008.  Whilst physically minor in scale, compared with say a dwelling, the build fails to meet any definition of being a shed and breaches multiple rules as this article herein highlights and explains. is not a shed per se.   It does indeed require formal council planning or construction approval, as well as notification to adjoining neighbours likely to be adversely impacted, and there be an opportunity for such neighbours to raise concerns and possible objections about such likely impacts. ]

 

“Development Application (DA):     If your shed does not meet all the exempt development criteria (e.g., you want to build closer than 900mm to the boundary), you will need to submit a DA to the Blue Mountains City Council. In this case, neighbours will be formally notified during the exhibition period and have an opportunity to make submissions or raise concerns.”

[Our Comment:  Hello!  It ain’t just a shed.  Construction needs to be halted immediately. It does not meet all the exempt development criteria (e.g., it  is under 500mm setback from the side boundary).  A DA needs to be submitted to the Blue Mountains (City) Council.   Neighbours need to be formally notified during the exhibition period and have an opportunity to make submissions or raise concerns.]

 

“Actionable Steps

“Verify your property’s zoning and constraints:   Use the NSW Planning Portal Spatial Viewer to check your specific property’s zoning, bushfire rating, and other potential constraints.”   

[Our Comment: Been there with the bushfire rating, but more assessment is to be made about other zoning constraints herein in this article below in ‘PART IX.   Scrutiny of LEP 2015/ DCP 2015  Zoning Compliance’]

 

“Confirm the rules:   Review the full list of conditions in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and the Blue Mountains Development Control Plan (DCP) 2015 on the Council’s website.” 

[Our Comment:   It would have been wise for the property owner to have done so in advance, or sought professional advice.  He would have saved time and money and effort and  dispute with Mr Ridd, who would have preferred to utilise his Christmas break doing better things than dealing with a unnecessary dispute.]

 

“Contact the Council:  If you are unsure whether your project is exempt, contact the Blue Mountains City Council’s planning department for advice.”  [Our Comment:   It would have been wise too.]

 

[AUTHOR’S NOTE:  Council is treating this sauna (to be) as no more than ‘a shed’.  However, this is incorrect.   Unlike a shed, a sauna is not for storage (such as for garden tools) but instead intentionally intended for people to sit in.  It requires a heat source (usually electricity).  That presents a fire risk if not correctly installed by a qualified electrician with experience with sauna installations who knows the risks and follows the rules and uses the factory approved heating device(s).  A sauna necessitates steam , so it requires a water source and water heater which creates noise.  This particular sauna of the owners is to also have an adjoining cold shower attached.  It will be part of a new Airbnb offering, one that has become popular overseas such as in Finland for decades.  This then will attract multiple guests to party right by one’s back fence, so replacing what has for decades been a quite back corner of that owner’s backyard.  It will risk posing a new annoying noise problem.  With the electricity supply, this will facilitate guests to play music – how late and how loud?   Council has abrogated it responsibility in controlling this unauthorised unplanned, unknown development in many ways.]

 

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PART  VIII:   State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

 

2.17 Specified development

 

The construction or installation of a cabana, cubby house, fernery, garden shed, gazebo or greenhouse is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item, on land in a foreshore area or in an environmentally sensitive area.

[AUTHOR’S NOTE:   “In English, “cabana” refers to a small, often freestanding shelter typically found near pools or beaches. The term originates from the Spanish word “cabaña,” meaning hut or cabin, and has evolved to describe structures that offer a combination of shade, privacy, and leisure amenities in outdoor settings.”.  Such a structure  was recently built by the subject owner in his backyard, which he dubs ‘The Pavilion”.  The backyard sauna is to be a similar example of the build.]  

 

 

2.18 Development standards

 

(1) The standards specified for that development are that the development must—

(a) (Repealed)
(b) not have a floor area of more than—

(i) on land in Zone RU1, RU2, RU3, RU4, RU6 or R5—50m2, or   [OUR COMMENT:  these are rural zonings] (ii) on land in any other zone—20m2, and

 

(c) be not higher than 3m above ground level (existing), and

(d) be located at a distance from each lot boundary of at least—

(i) for development carried out in Zone RU1, RU2, RU3, RU4, RU6 or R5—5m, or
(ii) for development carried out in any other zone—900mm, and

 

(e) if it is not on land in Zone RU1, RU2, RU3, RU4 or RU6—be located behind the building line of any road frontage, and

(f) not be a shipping container, and

(g) be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and 

[OUR COMMENT:  There is as yet no indication that any guttering to the backyard sauna (to be) is to be constructed/installed.  As mentioned, no known design plans for this backyard sauna exist.   The lean-to roof area slopes back towards and very close to Mr Ridd’s fence.  The roof area is estimated to be 4m x 2.5 so an area of about 10m² . In the frequent event of heavy rainfall that roofwater would be sheeted on to Mr  Ridd’s back fence causing a nuisance and likely damage, including timber rot.  There is no know stormwater management known].

(h) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials if it is located on land in a residential zone, and

[OUR COMMENT:  The materials are unknown, since no known design plans for this backyard sauna exist.   However, what has been observed is the use of pinewood for the wall and floor framing].

(i) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and

[OUR COMMENT:  What has been observed is the use of pinewood for the wall and floor framing, which is highly combustible and so prohibited in this bushfire prone zone].

(j) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and

(k) if it is located adjacent to another building—be located so that it does not interfere with the entry to, or exit from, or the fire safety measures contained within, that building, and

(l) be a Class 10 building and not be habitable, and

(m) be located at least 1m from any registered easement   

[Our Comment:  The subject backyard sauna is being constructed directly vertically above a Sydney Water Sewer main, which runs from the top via a manhole access on Mr Ridd’s side of the fence under the back fence and directly below the new backyard sauna construction.  This is illegal.  Mr Ridd became familiar with such a law during the process of his own renovation approved by Council back in 2005 involving stormwater management planning.]

 

 

(n) in relation to a cabana—not be connected to water supply or sewerage services.

[Our Comment:  The subject backyard sauna is to be connected to water supply for both the sauna heater and the shower.]

 

(2) There must not be more than 2 developments per lot.

[Our Comment:  The subject backyard sauna is to be the third outbuilding, following the new cabana adjacent (dubbed ‘the pavilion’) in addition to the carport] 

 

SOURCE:  ^https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#sec.2.18

 

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PART IX.    Scrutiny of LEP 2015/ DCP 2015  Zoning Compliance

 

We note the following zoning restrictions to this subject property and to ours, likewise.

This information is publicly available on Blue Mountains Council’s website’s Interactive Maps subdomain:  ^https://www.bmcc.nsw.gov.au/property-search  (Click view our interactive maps link).

 

AUTHORS NOTES:

Of relevance: 

(1)   LEP 2015 Zone ‘R2 – Low Density Residential

(2)   LEP 2015 Heritage – K171 North’s Estate Conservation Area (General)

(3)   Bushfire Prone Land – Vegetation Buffer

   

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References and Further Reading:

 

[AUTHOR’S NOTE:   Most references are publicly available at the time of publishing this article.  Each reference below was accessed by this article’s author at the time of publishing so the date of the reference is accurate of as that date.  Given that governments habitually change their websites, the included online links may die over time; in which case, where possible, we have also included a copy of the relevant document as an imbedded PDF document that is downloadable by readers of this article. ]

An example:  

SOURCE:  ^https://yoursay.bmcc.nsw.gov.au/periodhousing/widgets/190457/documents

 

[1]   ‘Draft Heritage Data Form – Blue Mountains Heritage 2016‘, 2014, external consultant report on North’s Estate Heritage Conservation Area, Local ID K171, by Paul Davies Heritage Architects Pty Ltd (Sydney), and by Conroy Heritage Planning (Sydney), 11 pages (file size 476KB), ^https://www.bmcc.nsw.gov.au/documents/map-and-heritage-inventory-sheet-k171, a PDF copy embedded and downloadable below. 

 

[2]   ‘Heritage Conservation Areas‘, Blue Mountains Council website, 2015, ^https://www.bmcc.nsw.gov.au/heritage/heritage-conservation-areas), 5 pages

 

[3]   ‘DCP 2015 Part D Heritage Management – Guiding the development of heritage properties‘, Revision: Amendment 8, November 2015, Blue Mountains Council, ^https://www.bmcc.nsw.gov.au/documents/dcp-2015-part-d-heritage-management, copy in PDF embedded below for download and printing,  88 pages

 

[4]   ‘Development Control Plan 2015‘, 2015, Blue Mountains Council website, ^https://www.bmcc.nsw.gov.au/development/planning-rules/development-controls-for-land-zoned-under-LEP-2015/DCP-2015, Full Version (916 pages) ^https://www.bmcc.nsw.gov.au/documents/dcp-2015-full-version

 

[5]   ‘Fact Sheet – Period Housing Areas conversion to Heritage Conservation Areas‘, 2018-06-29, Blue Mountains Council website, ^https://yoursay.bmcc.nsw.gov.au/periodhousing/widgets/190457/documents, 2 pages

 

[6]  ‘Fact Sheet – Developing in a Heritage Conservation Area‘, 2018-06-29, Blue Mountains Council website, ^https://yoursay.bmcc.nsw.gov.au/periodhousing/widgets/190457/documents, 2 pages

 

[7]   ‘Blue Mountains Heritage Strategy 2021-2025‘, (undated), by Blue Mountains Council and probably mostly scribed by its external consultant from Sydney, 60 pages, ^https://www.bmcc.nsw.gov.au/advanced-search?keys=The+Blue+Mountains+Heritage+Strategy+2021-2025

Part 1:  Strategy Background:

 

Part 2:  Strategy:

 

Part 3:  Implementation Plan:

[AUTHOR’S NOTE:  Hypocrisy in an aloof bubble on steroids – Blue Mountains would do better run from New Zealand.]   

 

[8]   ‘blue mountains shed development setback rules neighbours‘,  (an Internet web browser search phrase typed by yours truly in ‘Google Chrome’ software), Result per Google AI Overview):   See above Part VII above.

 

[9]   ‘Property Map Search‘, Blue Mountains Council’s website, ^https://www.bmcc.nsw.gov.au/property-search

“Search for information about a property:

Use our interactive maps to identify the zoning and site characteristics of land. This property search tool is useful in establishing site constraints and development opportunities.

• • • Click on the link below and add the property address.
    • Click the ‘layers icon’ in the top right of the webpage, and then tick the maps to view.
    • More information is also available by clicking on the three dots to the right of the Lot and Plan number, on the left side of the webpage.
    • For the best user experience, please use Google Chrome to browse this website.”

View Our Interactive Maps:  ^https://emapping.bmcc.nsw.gov.au/connect/analyst/mobile/#/main?mapcfg=Locality&lang=en-au

 

[10]  ‘State Environmental Planning Policy (Exempt and Complying Development Codes) 2008‘, 2008, NSW Government,  ^https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572#sec.2.18

 

[11]   ‘Pictorial Memories – Blue Mountains‘, (book) by John Low OAM, 2ED, 1994, published by Kinsclear Books, 135 pages.

 

[12]   ‘Blue Mountains Council’s ‘love local’ hypocrisy towards small business‘, 2021-05-21, Nature Trail website (click link below)

 

Blue Mountains Council’s ‘love local’ hypocrisy towards local businesses

 

[13]   ‘Century-old Blue Mountains kiosk to get new lease of life‘,  2019-04-17, by Alison Cheung,  ^https://www.commercialrealestate.com.au/news/century-old-blue-mountains-kiosk-to-get-new-lease-of-life-45705/     [AUTHOR’S NOTE:   the terms ‘revitalisation’ and ‘new lease of life’ are anti-heritage architectural values – think Hong Kong high-rise Alison Cheung].

 

 

 

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References and Further Reading:

 

Blue Mountains {city} Council’s development madness – all “sheds” are auto exempt – so Council: “nothing to see here!”

 

[This article’s publishing last updated:  11th January 2026.]

 

We have decided to publish on this website the short series of ‘The Pulpit Post‘ newsletters that we authored, published, printed and hand-distributed to residents of Pulpit Hill from nearly two decades ago.

 

 

Pulpit Hill is geographical feature with an historical 19th Century naming. 

This hill is situated 2.4 km westward of the Australian regional township of Katoomba along the Great Western Highway in the Blue Mountains.   It was once clearly identifiable from miles around by having a geologically tall sandstone pagoda atop its summit. 

So its eponym was applied by then New South Wales Governor Lachlan Macquarie [1810-1821] in 1815 as he then journeyed to inspect the continent’s first ever inland route over the otherwise impenetrable Blue Mountains barrier then via Mount York and further westward to his to be thence named ‘Macquarie River’ and its rich and fertile river valley’s hope of the future vital agricultural lands as promise survival of the fledgling colony back at Sydney Cove. 

The Pulpit Post newsletter was established by The Habitat Advocate in 2006, borrowing the concept from observing a pre-existing physical metal post hand-painted ‘Pulpit Post’ by a local resident for the benefit of immediately relevant news updates for local residents of this small rural community, outlying of Katoomba.  We have photos of this.

From a first Winter 2006 edition, we managed at the time to sustain just six issues all up on what we had hoped would be issued on a seasonal basis of sorts.  

These herewith are those six issues of The Pulpit Post.  They were originally intended for the few dozen of so local residents of this small rural community around Pulpit Hill, but now in 2025 one considers that their content and concept deserves sharing with all, always free of charge, as is our principle.

 

 

 

 

 

 

 

Many further draft issues of this newsletter were prepared at the time.    We may consider completing them.

We may also consider continuing to publish further issues ongoing but instead only online on this website. 

Such decisions depend upon what supportive feedback we receive.

Council crap persists but…

Blue Mountains ‘City’ Council’s heritage hypocrisy persists

 

 

 

‘Cancel Culture’ is leftist Greens globalist fantasy of there being no homeland. It’s just hateful humbug!   In Australia’s native English, “humbug” is used to describe something or someone that is dishonest, misleading, or nonsensical.

The Habitat Advocate, after half a year ‘ground-truthing’ Pulpit Hill’s heritage, then intensive researching, and authoring; back on Friday 1st August 2011 submitted the following nomination to the New South Wales Government’s Office of Environment and Heritage in Parramatta. 

It’s 245 pages. It’s not copyright protected, because it’s a compilation of work by others who’ve valuing this place over years.  It’s of public land and of significant very early Australian heritage value from 1813.   We made the effort to research, document and try to protect this heritage precinct; yet one had nor sought any financial, personal gain nor has any  ancestral connection to this particular place.    We just learned and recognise the heritage value from association with older wiser historians and from our dedicated historical research.

This document report we offer up freely public and freely downloadable to all Australians and anyone in the World in perpetuity.   What happened in the past, happened in an older time in human evolution.  

Pulpit-Hill-1813-2013-A-Nomination-for-Heritage-Recognition-20110726

The timing of our submission happened to be two years prior to the then forthcoming celebratory bi-centennial of 2013 of the first successful was the first successful crossing of the Blue Mountains (previously named the “Carmarthen Hills”) in New South Wales by European settlers.  The expedition was led by Gregory Blaxland, William Lawson and William Charles Wentworth in 1813.

Ahead of our formal submission, The Habitat Advocate sought support from government, local leaders, political parties and historical societies, thus:

• Blue Mountains {city} Council Major and councillors
• Premier of New South Wales
• Liberal Party
• National Party
• Australia Labor Party
• The Australian Greens
• Blue Mountains Historical Society
• Royal Australian Historical Society
• Colong Foundation for Wilderness

 

However to our disappointment, none of the above was supportive nor interested.

We subsequently approached the fringe nationalist/patriotic Australia First Party, and its President Dr Jim Saleam expressed his keen enthusiasm and support for this Australian heritage recognition cause; such that he even accepted our invitation to visit this nominated site at Pulpit Hill in person on Saturday 27th November 2010.   

However, sadly a decade hence, on 21st February 2021, Blue Mountains [city} Council Mayor (a Labor Party man) Mark Greenhill authorised the total removal of the iconic and symbolic Explorers Marked Tree at Pulpit Hill – an unnecessary politically motivated act of heritage hate.   Party politics?

 

Previously, The Habitat Advocate from 2005 as part of our SAVE ELPHINSTONE PLATEAU CONSERVATION CAMPAIGN sought nomination for the official inclusion of the nearby large plateau of bushland atop the Blue Mountains Western Escarpment long called ‘Radiata Plateau’ (also ‘Elphinstone Plateau’) , to be incorporated into the contiguous Blue Mountains National Park (since 2004).   

 

However, similarly that was rejected by the then so-called NSW Minister for Environment (1999-2007) and NSW  Member for Blue Mountains Bob Debus (1981-1988, 1995-2007) (another Labor Party man) on the spurious basis that it was somehow not contiguous.   

 

Yet, same plateau was in 2019 out-of-the-blue acquired by a subsequent NSW Liberal-Coalition Government for $2.8 million and added to the NSW national park estate, and in 2020 renamed and unpronounceable newly made up name ‘Ngula Bulgarabang‘??   Another Jim Smith PhD. construct?    The name translates to ‘very large forest‘ in the Gundungurra language.  Yet this is not traditional local Aboriginal heritage.  The plateau has no very large forest.  It is dominated by escarpment low heath and woodland.  The plateau certainly does not have any very large forest.  Whereas such forests are indeed naturally found in the valleys below like Nellies Glen, the Jamison Valley and the Gross Valley. 

Let the truth be known.  Radiata Plateau is the eponym of a small ‘Radiata Pine‘ plantation that planted a portion of the plateau back in the 1950s.  That plantation subsequently failed.  The tree plantation was stunted due to being planted on the rocky thin soil.  One of the plantation workers was Ron Fletcher, a local of local Aboriginal ancestry (left below chatting with the then nearby residents).   We interviewed Ron back in 2007 at Pulpit Hill at the historic piggery (shown behind).  Ron explained that he recalls as a young man working to plan the Radiata pine plantation.   

 

 

This is all spiteful Aboriginal separatist politics again, like cancel culture renaming of Ayers Rock and Fraser Island.

The Habitat Advocate has acquired the full campaign archive of the campaign to Save Elphinstone Plateau from local legendary campaign Glen Humphreys.    This archive will be eventually sorted and digitised and is provided publicly freely available on this website. 

 

References:

 

[1]    ‘The Marked Tree – Fact or Tradition?‘, 1933-05-27,  by G.A. King, article in the  Sydney Morning Herald, archived on TROVE (Internet digital archive website), by the National Library of Australia, Canberra, ^https://trove.nla.gov.au/newspaper/article/16985384

 

[2]   ‘Opening up the continent – 1813: Blaxland, Lawson and Wentworth cross the Blue Mountains‘, (undated), (no author disclosed), published online by the National Museum of Australia,  ^https://digital-classroom.nma.gov.au/defining-moments/europeans-cross-blue-mountains

 

[3]   ‘Bicentenary of the Crossing of the Blue Mountains‘, by Monument Australia,  Actual Monument Dedication Date: Sunday 19th July 2015, ^https://monumentaustralia.org.au/search/display/112797-bicentenary-of-the-crossing-of-the-blue-mountains

 

[4]   ‘Blue Mountains crossing 200 years on‘, 2013-04-13, by  Jennifer Stackhouse, ^https://gardendrum.com/2013/04/13/crossing-the-blue-mountains-200-years-on/

 

[5]   ‘Blue Mountains crossing cemented colonisation‘, 2013-03-15, by David T. Rowlands, (Greens Left “extremist-hate politics“), Issue 958,  ^https://www.greenleft.org.au/content/blue-mountains-crossing-cemented-colonisation

 

[6]  ‘Goodbye to the Explorers’ Tree at Katoomba‘,  2021-02-25,  by Pauline Conolly, ^https://paulineconolly.com/2019/the-explorers-tree/

GOODBYE TO THE EXPLORERS’ TREE AT KATOOMBA

 

[7]   ‘Crossing The Blue Mountains‘,  (a Blue Mountains information website – bluemountainsaustralia.com ) ^https://www.bluemts.com.au/info/about/history/history-detail/#:~:text=In%201788%20the%20Blue%20Mountains,by%20oil%20bearing%20Eucalyptus%20trees.

 

[8]   ‘The Pulpit Post‘,  by Steven Ridd, Conservation Consultant, The Habitat Advocate, six local newsletters compiled and published by The Habitat Advocate between 2006 and 2008 as part of a heritage conservation campaign combining Pulpit Hill’s historical colonial heritage,  Pulpit Hill’s historical stories, and the Save Elphinstone (aka Radiata) Plateau Campaign led by Glenn Humphreys for 20 years, ^https://habitatadvocate.com.au/the-pulpit-post-a-pulpit-hill-local-resident-free-newsletter-series-since-2006/ 

 

[9]   ‘Elphinstone Plateau deserves World Heritage‘, 2017-07-26, by Steven Ridd, Conservation Consultant, The Habitat Advocate,  Katoomba, ^https://habitatadvocate.com.au/tag/elphinstone-plateau/

 

[10]   ‘Blue Mountains (New South Wales)‘, by Wikipedia (website), ^https://en.wikipedia.org/wiki/Blue_Mountains_(New_South_Wales)

 

[11]   ‘Ngula Bulgarabang Regional Park‘  (was Radiata Plateau) ^https://en.wikipedia.org/wiki/Ngula_Bulgarabang_Regional_Park

 

 

 

We live and work from home in a quiet leafy area on the edge of The Gully on the edge of Katoomba. 

Yet on a semi-regular basis different neighbours, unannounced, choose at times to suddenly start up loud machinery to break that peace and quiet.

Due common courtesy would be for a neighbour to inform nearby neighbours of pending machinery racket, but instead they couldn’t give a rats about imposing their noise pollution on neighbours.

Here are a few example snippets:

Monday · 24 Feb 2025 · 08:20…

 

 

Thursday · 20 Mar 2025 · 13:22…

 

Tuesday · 22 Apr 2025 · 08:36…

 

And, all this unwelcome noise culture is not just from selfish discourteous neighbours and their contractors.

Also, we cop similar machinery noise outside our window from:

• Blue Mountains Council – roadworks, footpath works
• NBN Internet concrete sawing for trenching optical fibre
• Sydney Water
• Electricians and other trades
• Endeavour Energy’s – vegetation contractor Asplundh or Active Tree Services
• Even RAAF low-flying its Hercules and Globemaster transport aircraft from Richmond Airbase at a close 500 feet directly over our home  
• And other private aircraft thinking they can flout the 1000 foot minimum altitude over built-up areas like ours  (we know the low altitudes since we hold a commercial helicopter license)

 

All unannounced.

Perhaps Richmond Air Traffic Control Tower wouldn’t mind if one was to buzz the tower unannounced?

 

 

Postscript:

‘Iceman’ recognition:

 

 

Within just a minute’s walk from The Habitat Advocate base we happened upon some wonderful local wildlife. 

It was a native Blotched Blue Tongue Lizard in this case (scientific species name Tiliqua nigrolutea).   It was 10th February 2025 (summer) in the late hot afternoon around 6:30pm AEDT, so the sun was still up in the western sky; this given sunsets in late summer at this time of year are as late as 8 pm, some two hours hence.   So, this happenstance timing made sense, but a rare sighting these days.

 

 

Upon our initial sighting, this lizard had been laying in the middle of the footpath sunning itself – being a cold-blooded lizard (‘ectothermically’ that is; not the human malice variety).

This one we think is female – telling from the comparatively small head size and its thicker tail root.  It was not a native Shingleback Lizard (scientific species name Tiliqua rugosa) since such species has a stubbed tail land prefers the habitat plains inland from the Great Dividing Range, and are not found in the Blue Mountains region, whereas Blue Tongues are. 

The location was on The Gully’s urban periphery, yet wholly environmentally within the broader Gully Water Subcatchment, where The Habitat Advocate is based.  So nice to see wildlife in one’s neighbourhood – we share local wildlife’s neighbourhood.  

We provide hyperlinks below to further information and clearer images about this lizard species.

Anyway, it was a pleasurably welcomed and encouraging sighting.

Such sightings however are increasingly rare around these parts these days due to Council’s habitat destruction – pretty much since Council has existed since its origins in Katoomba in 1890, then in 1947 re-branding itself Blue Mountains City Council from being a two adjacent regional municipality/shire councils.   Then from November 2000 after the Blue Mountains region was declared an international World Heritage Area, this local Blue Mountains Council has bizarrely extolled its contradictory perceived virtues of being a city within a World Heritage Area – what espousing urban sprawl development and high-rises amongst Eucalyptus habitat?

We bought our house in 2000, which had there since the 1920’s.  So, we did not build into bush, but rather it was long existing ‘in-town’, and so technically we just recycled and renovated it.  It had had only lawn back and front, but since 2001 we have created an onsite forest and restored much local habitat on site, So, no more grass and we then gave away our lawn mower!

One also recalls that on 13th February back in 2017 around 5:30 pm during a 47^o Celsius unseasonal heatwave weather event across New South Wales, observing a large native Eastern Brown Snake (scientific species Pseudonaja textilis) of almost 2 metres in length scurrying across the scorching road surface of our street into the cooler shade of our forested front garden.  Well, we chose not to garden or water there for a week afterwards and warned our neighbours.  However, we immediately reported this snake sighting to the volunteer-based Wildlife Rescue Service (WIRES) for safety guidance and we spoke to one of their trained snake catchers who gave us helpful and reassuring advice over the phone.

Also, when we first moved in where we are, one had to contend with a native Blue Mountains Funnel Web Spider (scientific name Hadronyche versuta) ground nest in our then unkempt backyard, also unfortunately the native Brown Broadfooted Marsupial Mouse (scientific name is Antechinus stuartii) family over the back fence that we observed, eventually sadly perished.

But it beats living in increasing sprawling concreted, treeless sterile Sydney human megalopolis.

 

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References:

 

[1]   ‘Blotched Blue-tongue Lizard‘,  2020-11-20, by Australian Museum (Sydney), ^https://australian.museum/learn/animals/reptiles/blotched-blue-tongue-lizard/

 

[2]   ‘Shingleback Lizard‘,  2025-04-14, Australian Museum (Sydney),  ^https://australian.museum/learn/animals/reptiles/shingleback-lizard/

 

[3]   ‘Blue Mountains Reptiles‘,  ^https://www.inaturalist.org/guides/12346

 

[4]   ‘Blue Mountains City Council‘, by Data.NSW, 2020, NSW Government, ^https://data.nsw.gov.au/data/organization/about/blue-mountains-city-council#:~:text=In%20May%201946%20Katoomba%20was,the%20Blue%20Mountains%20City%20Council.

 

[5]   ‘Snake Advice‘, Tuesday, 2017-10-10, WIRES, ^https://www.wiresmembers.org.au/seasonal-animal-advice/snake-advice

 

[6]   ‘World Heritage places – Greater Blue Mountains Area‘,  Australian Government  (its departments change like the wind),  ^https://www.dcceew.gov.au/parks-heritage/heritage/places/world/blue-mountains#:~:text=History%20of%20World%20Heritage%20listing,session%20on%2027%20June%202013.

 

[7]   ‘Fauna Watch – Winter is not the time for hunkering down for Antechinus!, 2019-08-19, by Anne Carey, Bushcare Blue Mountains (Fauna, Natives), ^https://bushcarebluemountains.org.au/fauna-watch/

 

 

When we bought our 1920’s cottage bungalow in The Gully Catchment (Katoomba Falls Creek Valley) back in 2000, it was run down and surrounded by lawns front and back. 

Since then over the past nearly 25 years, we removed all the lawn, renewed the dilapidated fences, annexed the verge with a fern rockery, terraced the front and planted many trees (including a Mountains Blue Gum), hedging and what has now become a micro temperate rainforest with now 17 tree ferns under an established canopy.  The image above is one of a number we planted in Spring.

The birds have come back – crimson roselas, king parrots, magpies, currawongs, a few sulphur crested white cockatoos, bower birds, wattle birds, seasonal koels, New Holland honey eaters, thornbills.

Whilst we have not sought to re-establish the local forest ecology, our small plot is contributing to  the ecology fringe buffer between The Gully and the surrounding township of Katoomba.

Welcome to Australia.

We are not about inculcating divisiveness of this local, national and global conservation cause.  That’s for nasty politics with ulterior motives – we stand well clear of such lot.

 

We have just been notified by IP Australia, the Australian Government’s official registry of intellectual property (that is, governing Australian trademarks, patents and designs, etc. by home grown Australians) that The Habitat Advocate branded logo (image above) has just been legally registered in Australia. 

On the record, this is from 30th September 2024. 

 

So, we’re pretty happy with this, just quietly.  That’s why we’re happily informing the whole Planet! 🙂

 

A moment of indulgent reflection, if one may…

 

Well, it’s been a while for us.  

Steven John Ridd is the founder of The Habitat Advocate, an environmental conservation advocacy website, championing the cause of the rights of native habitat. 

Born in Melbourne, then having travelled on sabbatical, and then having relocated from renting in expensive eastern Sydney’s Randwick out to regional Katoomba in the natural Blue Mountains in 2001, I first registered the business name ‘The Habitat Advocate‘ with the then NSW Department of Fair Trading at Parramatta and the domain habitatadvocate.com.au together back on 10^th May 2006.  A date close to my heart – my 42^nth birthday. 

I have used the motto for The Habitat Advocate (A voice for native habitat) publicly since 2001, and the logo (image above) since 2006.

I felt I needed to protect both; this is especially since recently on Google, the use of the word ‘habitat’ and the term ‘habitat advocate’ have become popularised terms used by unrelated others for other purposes.  May be they just liked the concept.  I did back in 2001 before the trend, because of its genuine natural meaning that was understandable to many, rather than use more highfalutin scientific terms like ‘ecology‘.  

So, I commissioned this particular image to be painted by professional wildlife artist, Lyn Naismith, back in 2006 and I invaluably hold her original artwork.

I conceived and designed the logo to be of Australia’s most threatened endemic top order predator in the ecological food chain, the Tigerquoll.  I wanted to convey the message of the ongoing threats to native habitat.  So, I felt it necessary that the logo image convey reality of being threatened, rearing up on a dead tree branch with nowhere to retreat in its native habitat.  

Ecologically, if top order predator communities subsist healthily, then that is a positive signal that the broader localised ecology is healthy as well.  That is why we chose the Tigerquoll symbolically.

And we prefer the name Tigerquoll rather than the more lame academic descriptive term of ‘Spotted Tailed Quoll’.   That is, we wouldn’t suggest anyone try to pick up and cuddle a Tigerquoll without being ripped to shreds.   It’s just like we wouldn’t suggest anyone try to pick up and cuddle an Australian native Brush-tailed Possum with is strong sharp claws and territorialness.  Tigerquolls eat Brush-tailed Possums for breakfast, if you know what I mean.

 

 

So, I sincerely thank Lyn for reading my sentiments in this respect exactly, to her credit.

The Tigerquoll remains an endangered native Australian Tigerquoll (Scientific name: Dasyurus maculatus).  Further reading:  http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=75184

Bureaucratic wheels turn slowly, but now I own the image as a registered logo.  This logo is emblematic to promote the habitat threat and our conservation advocacy for native habitat, and this top order predator the Tigerquoll is ecologically apt.

There is one held in captivity in Healesville Sanctuary, but since it is nocturnal, no visitors get to see it in its enclosure by day, and the sanctuary is closed by night.  Crazy idea that, and its tiny prison cell-sized enclosure is cruel.  They should instead release it into its native habitat and provide visitors with a video presentation to visitors, akin to the Sanctuary’s enclosed darkened platypus auditorium…

[SOURCE:  ^https://www.zoo.org.au/healesville/ ]

 

It’s about responsible governmental legislative respect for the value of wildlife and proactively decent funding and ecological preservation, restoration and perpetual heritage management of their precious disappearing habitat to sustain their very survival.