Archive for the ‘46 Conservation Onground Action!’ Category

Australian Colonial Heritage equally valuable as Aboriginal Heritage

Tuesday, March 24th, 2026

A brilliantly warm photo artwork of Cadman’s Cottage in The Rocks (possibly the best photo to date) [Photo by Makesh Sundaram, 2023 on Google] – now there’s a name most welcomed in Australia!

 

In one’s view, Australian history is equally as valuable to our nation and our Australian people as is this continent’s pre-history of a suggested 500+ distinct aboriginal clan-groups from millennia.  

 

A map of ancient Aboriginal clan-groups pre-1788 of the continent that then was yes invaded and fought, then united to become the nation of Australia from 1901. It was imperfect, warts and all, but’s now history. Yet never forget the English only just beat the French to Downunder.   [Source: https://connectionandwellbeing.com.au/start-the-conversation/australia-aboriginal-tribes-map/]

 

 

What we mean by this statement is that Aboriginal pre-history, pre-1788 for millennia, and Aboriginal history post-1788 to date is almost equally important to how Australians are today (our joint cultures) and into the future; as equally significant to Australia’s colonial past (troubles and struggles) and to our shared post-colonial past (troubles and struggles) up to just bloody yesterday!  No-one is superior. 

Ghosts appear and fade away”.

Australians one and all, never forget that the French arrived at Botany Bay on January 26, 1788, just days after the British First Fleet, in an expedition led by La Pérouse, creating an immediate, peaceful “close call” for colonial possession.  Though the British stayed, French explorers, missionaries, and settlers contributed to Sydney’s early development, with a peak in French-born residents during the 1890s.  But they don’t impart such truthful Australian History to children in our schools – warped ideology reigns.

This author has become a friend of a number of Aboriginal people (from Kununurra to Katoomba).  One is a 6th generation Australian from a mix of impoverished purely British settlers and including one English convict since the pre-Gold Rush 1840s. (The said convict starving with his brother, had stolen a sheep for food in Hampstead, west London).

No-one chooses their birth origin, birth mother, birth right, or birth financials.  Yet one does then choose what they do in life.  In lucky Australia, this place presents a globally privilege of rare choice – we in Australia should never forget that.  We recommend to travel abroad just to realise that, then you realise the best decision reasurringly is to returning home ‘downunder’ to familiarity to know how bloody lucky we Australians really are.

One has travelled most of Australia intentionally since turning the adult age of 19 years as a type of ‘grand tour’ downunder.  One recalls that it was at the time to deliberately experience and learn the true realities of the real Australia; especially its north and outback.  Over time we’re talking the likes of Ceduna, Quindilup, Kalbari, Broome, Kununurra, Kalumburu, Halls Creek, Kurumba, Croydon, Cairns, Wilcannia, Bourke, around Tassie, and other places.   This followed a very sheltered and privilieged childhood in an exclusive part of urban Melbourne and regional Sale in Victoria, and then attending elite Camberwell Grammar School for seven years and graduating with HSC.  Yes, 7 years – one repeated Year 11, but that’s another story perhaps worth telling.  This was subsequently recognised upon one’s early adulthood.

So what this article here is about is one’s critique of how government in Australia mistreats such Australian History.  Still 238 years on its trying to make up for excusing Australia’s pre-history, yet stumbles like its naïvely misconceived Voice Referendum debacle of 2023. 

Australia, its heritage girth and depth, and Australian History and Australian pre-History are a complex, frontier, imperfect, horrible, yet special ‘opals’ (gems) of value.  All who call themselves ‘Australian’ by birth or immigration, should during their lifetime quest to travel Australia and to learn for themselves of its personality personally – best younger the better while one is still receptive to learning about truths. 

Equally, one does not consider one’s ancentors to warrant the politically bandied slur of being ‘invaders’.  They mostly had no bloody choice!  Rather most came from a desperate poverty who sought and found a new life hope to escape a desparate situation of widespread famine and destitution back in the old world; this author’s ancestors included.  [Read More

Of course, this story is not unique.  It is perennial thoughout human history and continues so, sadly.  Yet this story version deserves telling so truths be known, to challenge the oft bandied ‘invasion’ innuendo.  In historicaly hindsight, ‘Australians’ could have all else have ended up a French or even a Japanese colony, if one reflects upon our relatively recent past. Let’s not perpetuate the divisiveness – us Australians are better than all that, which perpetuates overseas.

Ok, so to this article’s topic of … ‘Cadmans Cottage????

 

Cadmans Cottage built by the British in 1816, just 28 years after 1788 disembarkation of the British First Fleet downunder.  It was the first built to replace their ‘temporary’ calico tents at Sydney Cove from those who had been forcibly despatched as convicts to the antipodes and landed at what must have seemed like Mars.  Naturally, all then yearned for a semblance of old world familiarity.  The convicts built this for an emancipated convict of their own – one John Cadman, Government Coxswain and as a base for his crew of tender skippers to and from the sailing ships moored in the harbour and also venturing upstream to explore the Parramatta River further inland.  [Photo by somewhere on the Internet]

 

Cadmans Cottage of the rear [Photo by author]

 

Cadmans Cottage of the rear  [Photo by author]

 

Cadmans Cottage of the rear [Photo by author]

 

This colonial building is the oldest know surviving building structure in Sydney and dates back to 1816.  In Australia, only Elizabeth Farm out west by the Parramatta River from 1793 is the oldest still-surviving structure in Australia; no disrespect to aboriginal Australians, whom had previously never known about bricks nor stonemasonry.

 

Our Tour Director of Nature Trail shown sitting outside Cadmans Cottage in 2026. It has been a destination for Steven of late.  But he found the building just locked up, no museum, no tours; just a static colonial relic it seems.  Only a few informational signs and plaques.  This, after all that work done rediscovering it, excavating, restoring and authentically replicating the long derelict materials with professional consultation. Why is such heritage here under-valued by those in government – Aboriginal and non-Aboriginal – we’re all Australians, like Kiwis are all Kiwis – been there too, three times, both islands of the three – and on that last note I’m not talking about the big ‘west’ island, but of Rakiura. [Photo by wifies of author].

 

Ghosts appear and fade away”.

 

Cadmans Cottage plaque…NSW Government in 1970 had just been about to demolish The Rocks for highrise:  ‘Oh shit, some archaeologist has uncovered original early colonial heritage – how bureaucratically embarrassing!’   The New South Wales Goverment’s official (backdated apologetic plague) on the unseen side of Cadmans Cottage.  Yeah but…yeah but… [Photo by author]

 


 

Cadmans Cottage convict bricks:

 

And one has in 2026 by happenchance come into physical possession of three uniquely rare convict bricks with provenance to Cadman’s Cottage. 

Here’s one:

 

One of our received convict bricks, purportedly stolen from the Cadman’s Cottage archaelogical excavation site at The Rocks during an archealogical exacation in the late 1980s.  The brick ‘frog’ top shows the inset moulded shape representing a playing-card spade identifier by the convict who had hand-made this in 1816.   [Photo by author]

 

The underside of one of this brick.  Note that the pale limewash on the left, which happens to match that of Cadmans Cottage’s exterior walls.  [Photo by author]

 

A close up of this same attained brick – showing its burnt orange colouring of clay material and embedded stones.  These characteristics indicate at least its probable handmade colonial provenance, if not of Cadmans Cottage site.  Devil’s advocacy – prove us wrong!  [Photo by author]

 


 

Cadmans Cottage – its location?

 

Ye ol’ Sydney Cove in 2026, rather long since British colonisation from 1788..

 

[Google Maps edited by author]

 

British Lieutenant James Cook back in 1770 had ‘come across’ what he documented as ‘Botany Bay’.  An English Yorkshire man, he later was promoted to British Naval ‘Captain’ for his adventurous global endeavours to the other side of the world.

But then 18 years later, when British naval Captain Authur Phillip arrived with the First Fleet (of mostly British convicts) he realised that Botany Bay didn’t have any fresh water source, so that settlement wasn’t going to work.   So, Captain Phillip rightly decided to pack up kit and sail off to explore better options up the east coastline. Too right!  He discovered a rather hidden entrance off the Pacific Ocean, which Cook had somehow overlooked from the Pacific, that which became known as Port Jackson (since renamed Sydney Harbour).  

 

The Heads‘ of Port Jackson (subsequently ‘Sydney Harbour’) looking outwards to the Pacific Ocean. British Navy Lieutenant James Cook on his commissioned sailing voyage  of 1770 had passed by not noticing the entrance to this majestic harbour due to the heads being rather narrow and geographically ‘offset’.  Though later in 1788, out of desparate necessity to find fresh drinking water that initially Botany Bay lacked, Captain Arthur Phillip (British commander the First Fleet, did notice and entered through and proverbally the rest is history of what eventually became Australia.  [SOURCE:  By Richard Read Senior, from the collections of the State Library of New South Wales [a128859 / V1/Har/S Hd/3]  (Mitchell Library, Sydney, ^https://dictionaryofsydney.org/media/3076].

 

What became the Sydney Cove settlement was due entirely to the discoverty of the flowing fresh drinking water of a creek Tank Stream at  Sydney Cove to rescue dire situation of the first fleet.  The rest of course is history.

In Sydney today at ground level is revealed the location of the vitally sustaining fresh water creek of what they terms the ‘Tank Stream’. It is down near Circular Quay, Sydney.   But visitors should marvel at what Sydney has become since by visiting the place that is Sydney, Australia today.

 

History is history. It’s warts and all and can’t be changed.    “Ghosts appear and fade away”….

 


 

Three Convict Bricks recently attained:

 

Earlier this year (2026), as mentioned, one by happenchance came into physical possession of three uniquely rare convict bricks with supposedly the provenance of Cadmans Cottage.

 

Convict brick on left:  Dimensions of this brick are 230mm (L) x 110mm (W) x 65mm (H).  Now how does that satisfy convict brick enthusiasts to its authenticity? Well, modern brick on right:  Dimensions are different and larger being 233mm (L) x 108mm (W) x 78mm (H), plus it is far more dense and weighs nearly twice as much.    [Photo by author]

 

Well, one is not a convict brick archaeological expert, but we trust the donor to us as a gift from a trusted mate, told us how he happened upon three of such convict bricks.  A close member of his family, being an ex-convict himself happened to be working the dig site of Cadman’s Cottage in the late 1980’s and stole three bricks from that site.  Now that’s a tale in itself – a convict brick stolen by a latter day convict.

So, legally one guesses, one in is possesion of stolen property – Australian heritage property, the oldest heritage property of Sydney!

So, what do do about it?   Fess up and contact the government I guess, no names mentioned of course.

 

Weighing the said convict brick. [Photo by author]

 

The said brick weighs 5 pounds.  [Photo by author]

 

Compare the contemporary Aussie brick:

 

Comparative weighing a modern brick on the back deck.   [Photo by author]

 

The weight of this modern day brick.  Now there you go!  It’s 8 pounds, so weighing in  much bigger and heavier than the convict equivalent!  Yeah but, the modern industrial mass-produced brick frog is boringly and symetrically, with no character.   [Photo by author]

 


Provenance defined:
  • the beginning of something’s existence; something’s origin.
  • a record of ownership of a work of art or an antique, used as a guide to authenticity or quality.
     

 

One has long held an interest in the value of Australian convict bricks…

 

Some years ago, one managed to come into possession of about 100 or so (definite) clay convict bricks obtained for from a prior immediate neighbour.  A South African woman, she charged us $100, but well that was ok, because they were well worth the ‘neighbourly’ fee.   So we’ve since integrated them into our home landscaping design…

[Photo by author]

 

[Photo by guess who]

 


 

Our Problem though with the Museum of Sydney:

 

So, one contacted our gifting friend regarding these three convict bricks, having recognised their significance to Australia’s heritage to request his permission for one to donate them to the Museum of Sydney, rather than us just like incorporating them into our home’s landscaping.   He responded ‘yep, no worries’. 

Ok.  So one then subsequently contacted the Museum of Sydney accordingly with our brick donation offer.   We herein provide a transcript of that offer and the museum’s response for public exposé…

Hello Wesley,

Thank you for your phone message reply to my enquiry with the Museum of Sydney, and for your follow up email contact information.

As discussed, I am in possession of a convict brick that I recent received from a local long-time trusted friend of mine, who has told me that he obtained it onsite from the excavation project of Cadman’s Cottage, Sydney Cove (The Rocks).

Though best I don’t divulge his name, yet I trust his account of his coming into possession of it. 

As suggested, I attach a number of photos for your reference to share with other curators whom you trust.

Also, I offer brick and information as a donation to the Museum of Sydney, since I consider it more valuable to the people of Sydney and the Museum of Sydney in particular than sitting in my garage, or worse me inappropriately using this timeless artefact in my home landscaping.

My wife and I happened to be in Sydney CBD (from Katoomba) last Tuesday 10th March 2026 and visited the Museum of Sydney.  We were both impressed with the premises and its displays, and then I saw the convict brick on display.  Sue and I have one of them!

I attach my original photos taken with my iPhone so the quality is maximised.   This to assist curators assess its authenticity and similarities to those of Cadman’s Cottage, for I may be wrong.

The brick is currently in my possession/ownership with no lien.

So, please let me know if the Museum of Sydney is interested in receiving this brick from me (free of charge of course). 

But specially for the purposes of public display in the Museum of Sydney (Phillip and Bridge Sts, Sydney).  If so, I will be happy to provide providence notes that I have to add better insight value and then deliver it n person to an appropriate official on site at the Museum and at a time mutually suitable.

Please, after your consultation with other curators, get back to me at your earliest convenience.

I look forward to hearing back from you.

Yours faithfully,

Steven Ridd

 


 

From: Wesley Stowe <wesley.stowe@mhnsw.au>
Sent: Thursday, 12 March 2026 3:18 PM
To: steve@naturetrail.com.au
Cc: Ask a Curator <AskACurator@mhnsw.au>
Subject: Brick

OFFICIAL

Hi Steve

Good to speak to you just now, look forward to receiving pictures of the brick you were mentioned.

Cheers

Wes

Wes Stowe (he/him)

Assistant Curator

Curatorial & Research Team

Museums of History NSW

 

E Wesley.Stowe@mhnsw.au

Working days Mon-Fri

The Mint, 10 Macquarie St, Sydney NSW 2000

On Gadigal Country

Western Sydney Records Centre, 161 O’Connell St, Kingswood NSW 2747
On Darug Country

I acknowledge the traditional custodians of the land and pay respects to Elders past and present.

mhnsw.au

 


 

Well, sadly here’s the NSW Goverment’s bureaucracy dismissive email reply:

Hello, Steven.

Wes passed on your enquiry about the convict brick from Cadman’s Cottage. I’m the resident archaeology and brick enthusiast, and also the curator of Unearthed at the Museum of Sydney. I’m really happy to see that the exhibition has got people thinking about bricks!

Unfortunately we’re not able to accept this brick as a donation as we can only collect things with a provenance to one of our historic properties.

So, given that your brick comes from Cadman’s Cottage, I’d recommend you contact Placemaking NSW. They manage The Rocks precinct, including the cottage, and would likely have some interest.

The best email address for them is contactustherocks@property.nsw.gov.au

I hope you’ll find a home for the brick – and perhaps even return it to the one from which it came!

Best wishes,

Aaron

Dr Aaron M. de Souza (he/him)

Manager, Research

Museums of History NSW

aaron.de.souza@mhnsw.au

+61 2 8239 2396

Mon-Fri: The Mint, Sydney | On Gadigal Land

I acknowledge the traditional custodians of the land and pay respects to Elders past, present and emerging.

mhnsw.au

 

COMMENT:   One immediately phoned Placemaking NSW about Cadmans Cottage at The Rocks in Sydney, but I was told they had no idea what I was talking about.  We replay one’s phone call with Placemaking NSW of 30th March 2026…, being a publicly funded government department of New South Wales supposedly responsible for Australian heritage in the state of New South Wales Cadmans Cottage.

 

We then also tried the following on Tuesday 31st March 2026 at 9:30am during business hours: 

 

 

Placemaking NSW’s website regarding The Rocks…

^https://www.therocks.com/contact-us

 

Get in touch with The Rocks team.
 
GENERAL ENQUIRIES

T (02) 9240 8500
contactustherocks@property.nsw.gov.au

Office Hours
8.30am – 4.30pm Mon – Fri 

Street Address
Placemaking NSW
Level 3, 66 Harrington Street
The Rocks

Postal Address
PO Box N408
Grosvenor Place NSW 1220

THE ROCKS MARKETS ENQUIRIES
T 0412 271 725
pag.therocksmarket@property.nsw.gov.au

MEDIA ENQUIRIES
The Media Unit is the primary point of contact for news organisations. Contact us for interviews, speakers and special requests.
media@dpie.nsw.gov.au

 

We phoned the above phone number thus:

 

So, WTF!   No wonder a Portuguese de Souza that Timor Leste has systemic problems.    “Ghosts appear and fade away”.

 


 

Cadmans Cottage? – some historical background

 

Cadman’s Cottage is a heritage-listed former water police station and coxwains’ home located at 110 George Street in the inner city Sydney suburb of The Rocks in the City of Sydney local government area of New South Wales, Australia.   This convict built sandstone cottage dates back to 1816 and is the oldest surviving colonial building in Sydney.

Cadmans Cottage was a former water police station and coxwain’s base for the use of the then governmental coxswains and their crews to row out to moored sailing ships in the harbour.   Cadmans Cottage was indeed the first building to have been built on the shoreline of The Rocks area.  It is claimed that during high tide, the water would come within 2.4 metres (8 ft) of Cadmans Cottage.  However, due to the reclamation of land during the building of Circular Quay, the waterline has moved about 100 metres (330 ft) away since 1816.  The building has had several different uses in its lifetime; first and foremost as the abode of the four governmental coxswains (from 1816 until 1845), the headquarters of the Sydney Water Police (from 1845 to 1864) and as the Sailor’s Home (from 1865 to 1970).

Before 1797, government shipbuilding was carried out only on the eastern side of Sydney Cove. In July 1797, a site for shipbuilding was designated on the western side of the Cove. The yard became operational at the end of that year, with fences, gates and the construction of two timber sheds and a house in the north of the yard for the principle shipwright.  In 1798, additions and improvements were made including the roofing of a workshop and storehouse, construction of a watch house, an apartment for the clerk, a joiners shop and a smithy. By 1804, a long open fronted building, probably a boat shed, had been constructed along the George Street frontage, and is illustrated in various views of Sydney Harbour.

There are no official records of the date of construction of the Coxswains’ Barracks, now knows as Cadmans Cottage, after the longest serving government Coxswains, John Cadman. Based on the evidence of a series of sketches by James Wallis it was built between late 1815 and early 1816, on land adjoining the Government Dockyard. Wallis’ drawing of the West Side of Sydney Cove, prepared between January and May 1816 shows the completed two-storey stone building located on the waters edge.

There are no known plans or specification for the building, nor records of payment for its construction. The absence of a record of payment from the Police Fund, the construction of the dockyard wall in 1818, has led Francis Greenway directed the construction of Cadman’s.[7]: 4  Tropman and Associates also consider it possible that Greenway designed the building in his capacity as Acting Colonial Architect,  but there is as yet no solid evidence for Greenway’s involvement and this must still be considered speculative.

The harbour was the focus of the city and Cadmans as the headquarters of the Government Boats, played a key role in the early development of Sydney. The Cottage was built up against a protruding rock shelf, below the level of George Street to take advantage of its shoreline location for supervision of the Government Boats. These were either moored close by or pulled up on the shore in front, but it is highly unlikely that they would have been brought into the building given the scale of the lower room and the original doorway.

The Coxswains’ Barracks (Cadmans Cottage), was occupied by the government coxswains and it probably originally served both as an office and as quarters for some of the boat crews, though the later coxswains appear to have lived there with their families.[7]: 17  The coxswain supervised shipping on the harbour and was responsible for rostering the boat crews who were employed in the procurement and transportation of timber, grass, shells (for lime) and stores. The coxswains also provided crews for the Governor’s Barge and the naval Officer’s boats.

There were complaints about the lack of facilities and the standard of construction of the buildings, most of which were in poor condition by 1806. A building used by the boat crews and Coxswains was reported as needing repairs and was probably demolished in 1816 on the completion of the Coxswain’s Barracks, later known as Cadmans.   In 1810, Lachlan Macquarie became Governor and initiated a major programme of public works, including the upgrading of the government dockyard, though little if any of this work was carried out before 1816.

Restoration of Cadmans Cottage began in 1972 after it was proclaimed a heritage site under the National Parks and Wildlife Act and control of the site was handed over to the Sydney Cove Redevelopment Authority.  A major archaeological investigation occurred in 1988 (in preparation for the bicentennial redevelopment) and since then, only minor maintenance works have been completed on the building. 

 

The post of government coxswain was held by four people:

  1. Bernard Williams, from 1807–1822
  2. David Smith, from 1822–1823
  3. John von Mangerhouse Weiss, from 1823–1826; and
  4. John Cadman, from 1827–1845.

 

Cadman was the longest serving of the coxswains.  In 1798, he was transported to NSW for horse stealing and in the records of the Muster for Sydney for 1814 is shown as having received an unconditional pardon. He probably started work at the dockyard as Assistant Government Coxswain around the time that Williams was appointed as Coxswain.  [So he was a proper ‘Convict’].

 In 1823, Cadman was appointed as master of the government cutter Mars which was wrecked in 1926. Cadman was removed from his post following the sinking of the Mars and applied for another position in the dockyard. In 1827, when Weiss resigned Cadman was appointed as coxswain. Cadman married Elizabeth Mortimer, who had two daughters, on 26 October 1830 at St Phillip’s Church. They all lived at the Cottage until his step-daughters married in 1842 and 1845.

Cadman held the position of Coxswain and occupied the Cottage until he retired in 1845.  Francis Low’s Directory for 1847 advertises the John Cadman Steam Packet Hotel at Parramatta confirming that he had departed from Sydney by this time. Following his retirement the post of Government Coxswain was abolished and the functions were taken over by various other bodies, including the Water Police, Customs and private traders.  Cadman died in 1848 and was buried in the Sandhills Cemetery until 1901 when work commenced on Central Station and he and his headstone were relocated to Bunnerong Cemetery at Botany.  (So one surmises that he was rather sick upon his retirement, and no pension but).

 

Da Downunder Convict Bricks:

 

One’s three convict bricks from Cadmans Cottage 1970’s excavation obtained illegally by a former convict.  So bloody Australian!  [Photo by author]

 

This video was surely outside The Stokehouse at St Kilda.  Being where my aunty held her birthday with Trish and Irvin. Now there’s Melbourne heritage, no names identified.

 


 

References:

 

[1]   ‘Aboriginal clan-groups pre-1788 ‘ ^https://connectionandwellbeing.com.au/start-the-conversation/australia-aboriginal-tribes-map/]

 

[2]   ‘Cadmans Cottage‘, Wikipedia, ^https://en.wikipedia.org/wiki/Cadmans_Cottage 

 

[3]   ‘Cadmans Cottage‘, New South Wales Government, ^https://www.sydney.com/destinations/sydney/sydney-city/the-rocks/attractions/cadmans-cottage

 

[4]   ‘Archaeology in The Rocks, Sydney, 1979-1993: from Old Sydney Gaol to Mrs Lewis’ Boarding-house‘,  by Jane Lydon, Australasian Historical Archaeology, Vol. 11 (1993), pp. 33-42 (10 pages), published by Australasian Society for Historical Archaeology, ^https://www.jstor.org/stable/29544329

 

[5]  ‘Cadmans Cottage Historic Site Plan of Management‘, ^
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[6]   ‘Placemaking NSW‘, Department of Planning, Housing and Infrastructure, (claiming on its website: “Leading a robust, efficient and evidence-based planning system for NSW“), New South Wales Government, ^https://www.planning.nsw.gov.au/about-us/our-work/placemaking-nsw 

 

[7]   ‘Why did Australians Vote No in the Referendum on the Voice to Parliament?‘, The Rule of Law (website), (The Rule of Law Education Centre, together with the Rule of Law Institute of Australia work to promote and uphold the rule of law.) ^https://www.ruleoflaw.org.au/referendum-process-and-why-australians-voted-no/

 

[8]  ‘Elizabeth Farm‘,  Museums of History New South Wales, NSW Government, ^https://mhnsw.au/visit-us/elizabeth-farm/

 

[9]  ‘Welcome to Habitat Country‘, The Habitat Advocate (website), ^https://habitatadvocate.com.au/welcome-to-habitat-country/

 

[10]  ‘Tank Stream – Into the head of the Cove‘, by City of Sydney, ^https://www.cityofsydney.nsw.gov.au/installations/tankstream-into-the-head-of-the-cove

 

[11]   ‘Sydney Cove Redevelopment Authority‘ (1970-1991),  ^https://en.wikipedia.org/wiki/Sydney_Cove_Redevelopment_Authority  

 

[12]   ‘French in Australia‘, (RE: La Parouse) ^https://www.sl.nsw.gov.au/stories/fate-la-perouse

 

[13]   ‘Rakiura‘ (Stewart Island, NZ),  ^https://www.newzealand.com/au/feature/rakiura-track/

 

[14]   ‘Great Famine (Ireland)‘, Wikipedia, ^https://en.wikipedia.org/wiki/Great_Famine_(Ireland)

 

[15]    ‘Jean-François de Galaup, comte de Lapérouse‘, Wikipedia, ^https://en.wikipedia.org/wiki/Jean-Fran%C3%A7ois_de_Galaup,_comte_de_Lap%C3%A9rouse

 

[16]   ‘Tank Stream‘, ^https://en.wikipedia.org/wiki/Tank_Stream

 

[17]  ‘Men at Work‘ (band)  (their official website and honouring their incredible legacy), ^https://www.menatworkband.com/  😎

 

Blue Mountains ‘City’ Council’s heritage hypocrisy persists

Tuesday, December 23rd, 2025

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.

 

Heritage Katoomba – intersection of Cascade and Pine Streets.  Council neglect of The Gully Catchment is systemic.  This 19th Century heritage streetscape has been ignored for decades by Blue Mountains (City) Council with its city-centric mindset, hateful of our colonial heritage.  [Photo: By author June 2024].

 


 

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!

 

An unnotified, unapproved new backyard sauna right on our back fence to be part of a new Airbnb for guests to party.  WTF!

 

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.

 


 

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.

 

 

This author, The Habitat Advocate’s founder, Conservation Consultant, Steven Ridd.

 


 

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:

 

‘North’s Estate’ – quote: just two? housing subdivision precincts (north and south) skirting the valley in between back in 1883.  No!  Try nine sections. This is a portion of the fully image/reality. It was no less used by Blue Mountains Council’s ignorant ring-in ‘heritage’ consultants from distant Sydney. [AUTHOR’S NOTE:  An ‘artist’s impression of Katoomba Falls (in full flood) insert. The above Airbnb dwelling is within SEC IX.]

 

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. 

  

Council’s old Blackheath Tip on Ridgewell Road closed and fenced off since November 2017 due to illegal asbestos dumping.  The garbage and contaminants dumped there over decades have been allows to seep toxic waste into Victoria Creek below which flows into the Grose River within the Blue Mountains World heritage Area.  To date the site remains unremediated by Council.

 

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? 

 

Council’s Katoomba Aquatic Centre 50 metre Olympic pool. Since first opening in 1972, it’s 2.5 million litres get drained not into the sewer system, but into the adjoining Catalina dam every winter which then drains into the adjoining creek.  That creek Katoomba Falls Creek flows over Katoomba Falls (1km south) which feeds Kedumba River through the Blue Mountains World Heritage Area and supplies Sydney’s drinking water in the dammed Lake Burragorang.   No wonder many Sydneysiders choose bottled water.  This is just one of five Council swimming pools which all do this.

 

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]

 

We suggest Australia’s own remote village of Tibooburra (shown here) replaces the otherwise politically-correct “sister cities” of the Blue Mountains Council – currently being exotic Sanda City (Japan) and Flagstaff (Arizona, USA).  Outback Tibooburra would well save local Blue Mountains ratepayer funded councillors rorting the ‘sister city’ con on business class flights to both.   We can’t image the elite councillors swapping business class exotic perks for Aussie outback reality!   Hey they could claim Tibooburra as a Climate Change inspection trip!

 

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…

 

This nearby sample local two-bedroom cottage investment has two income options: (A) Market median rental at $650/week, plus Plus ulility expenses of course – electricity, gas, water.  Else (B) Airbnb at $2357/week (calc: being $1684 x 7/5) – so approaching 4 times the rental income!  So instead of charging rent equating to around $100 per day, try close to $330 per day!   The holiday let market (Airbnb, Stayz, Bookings.com) in New South Wales is unregulated.  Such has been allowed to become a housing unaffordable pandemic – wealthy baby boomers denying local young renters in favour of more lucrative wealthy fly-by tourists, mostly from overseas. Dare we term it ‘Wham, bam, thank you, ma’am’ housing.  Government politicians do similar – like own multiple properties on the investment bandwagon.  [Source:  Airbnb] 

 

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…

 

“Eco City”? “Planetary Health”?

 

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.

 

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

    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:

 

Katoomba Falls Kiosk (owned wholly by Council and heritage listed, Ref. K059)

 

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).   

 

A sample of the heritage housing of North’s Estate.

 

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: 

 


 

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: 

The town of Katoomba is about 100km west of Sydney by train or driving via the M4 Motorway.

 

[C]    Katoomba Falls Creek Valley Map: 

This map section shows part of the township of Katoomba in the Blue Mountains and within that section the red circle indicates the general location of North’s Estate Conservation Area juxtaposed west of Katoomba town centre and south of the Great Western Highway/Railway.  Note: ‘Wells Street‘ labelled which lies within that Estate.   [Source: Google Maps]

 

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

 

This historical complete map is sourced from the real estate advertising flyer for the original housing subdivision of North’s Estate dating back to 1883. Why?  Hey the railway arrived in Katoomba (then the (sandstone rock ‘The Crushers’ in 1874).  An entrepreneurial gold mine!   Note that Wells Street is not shown as per the current map above, but instead labelled as Kamillaroi Road, but it is one in the same.  Note also: ‘Kamillaroi’ is Aboriginal; ‘Wells’ is not Aboriginal.  It is probable that Council renamed it.  Many of the other street names have Aboriginal. origin. [Source: ‘Draft Heritage Data Form, Blue Mountains Heritage 2016’, Blue Mountains City Council]

 

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…

 

Katoomba invaded by Airbnb-style short stay holiday lets. Not all are shown on this map.  [Source: Google Maps 2025]

 


 

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’:

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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 was the original real estate advertisement for new land releases as part of then ‘North’s Subdivision’ Estate circa mid-1883 and likely in one of Sydney’s newspapers – either The Sydney Morning Herald (from 1842 – current), the Illustrated Sydney News (1853-1894), the Sydney Mail (1860-1938).

 

 

[Our Critique #6]   Yes, ‘North’s Estate’ survives in two separate precincts (subdivision sections) on either side of the steep gully (The Gully) at the head of North’s property where it met the highway (Bathurst Road). The larger area surrounds his family home near Bathurst Street, and the smaller is sited on the small ridge extending west from Cascade Street near the Carrington Hotel.” 
 
However, a closer research examination of the above original reveals the extent of North’s landholding ownership and of his proposed subdivision.  There were in fact a total of nine Sections (numbered from west to east labelled with Roman numerals ‘SEC I’ to  ‘SEC IX’).   The HCA chooses to only include the surviving abutting ‘SEC V‘, ‘SEC VI‘, ‘SEC VII‘ and ‘SEC VIII‘ (comprising the northern precinct south of Bathurst Road between then North’s Colliery Siding (coal shale railway west) (now Valley Road), and Reserve Road (now Cascade Street).   The southern precinct ‘SEC IX‘ is the smaller cul-de-sac located toward the south, juxtaposed to the west of Reserve Road (now Cascade Street).   SEC 1, SEC II, SEC III, SEC IV allotments were not sold in this process, possibly due to lack of sufficient demand and the walking distance from the then new village of Katoomba to the east around the railway station (shown).  
 
Note, more southern isolated smaller ‘SEC IX‘ is bounded by just five streets, being Cascade, Murri, Kundibar, Waimea and Warriga Streets.  And this SEC IX (Section Nine) features a vacant 32 housing allotments in total.  (Image curtilage extract below).  

 

Close up extract map of North’s Estate from the original 1883 real estate advertisement above.  The area size is about 200m (E-W) x 100m (N-S)

 

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.

 

[Critique #7]   Yes, the two residential precincts of North’s Estate dating from the late 1900’s to 1940’s feature and retain “the aesthetic or historic qualities of the original streetscape.”  Yes, “many (of the houses) make a significant contribution to the HCA through their fabric and aesthetic heritage values.”  Yes, both precincts are “distinguished by notable examples of substantial homes interspersed with Victorian and early 20th century cottages.”  Yes, “the physical link between North’s house and his mine remains interpretable through the open space along the gully leading to Katoomba Falls (not within the HCA).”
 
However, the observation that there were “no formal guesthouses or residential hotels of the type of scale that are found throughout the main spine of the town” is incorrect.   Historical records account that in fact, there were back in 1883, the Balmoral House (guesthouse), the ‘Montrose’ guesthouse (where Dan Murphys current is today), Glenample guesthouse and The Katoomba Hotel.  They were all situated along Bathurst Road (which was then the main highway between Sydney and the town of Bathurst) and positioned walking-distance to the then newly built Katoomba Railway station (opened on 2nd February 1874 as ‘Crushers’).  There were of course no motor cars back then.   The last three mentioned guesthouses no longer exist.   
 
The advertising flyer includes ‘SEC VIII‘ with earlier buildings along the Bathurst Road including an inn, school, stores and two butcher shops.  It was because the original village of Katoomba from 1883 was centred along Bathurst Road (the road to Bathurst) with the railway station from 1874 running parallel according to gradient.   These buildings were present before North’s Subdivision adjoining to the west and south.

 

Balmoral Guesthouse as it is today (built in 1880) at 196 Bathurst Road Katoomba.  Built as a guesthouse this two-storey (13 room) Victorian Italianate villa was situated cleverly convenient level street walking distance (200m) from new Katoomba railway station then, recalling well before the advent of motor cars!

 

At this juncture, we point out to readers that prior to 1813, the Blue Mountains was a wild bushland plateau inaccessible by New South Wales colonists.  It had been indigenous Aboriginal land for perhaps 60,000 years prior, traversed and used by various regional tribes during warmer seasons.   Following colonial exploration, and once the first rough road (Cox’s Road) was constructed in 1815, from the 1820s, settlement, land clearing for pasture (grazing) and a few timber inns were built for travelling settlers over the Blue Mountains.  However, besides a few small hamlets that evolved from squatting and the odd small plot grant by the colonial government; no formal housing subdivision existed anywhere across the Blue Mountains until 1883 with the advent of North’s Subdivision (later referred to as ‘North’s ‘Estate’ once housing construction commence).  This was the year that informal ‘Crushers’ was formerly re-named as Katoomba by the colonial government in Sydney.

 

[Critique #8]    Yes, the character of the residential development of North’s Estate (HCA) is low-scale and most buildings are modest..cottages and houses that are representative of their era (1880 to Federation and up to 1940).   The area is solely classic residential – detached dwellings of 2 plus bedrooms, pitched rooves, front yard and backyard even if small.  [AUTHOR’S NOTE: that is a key factor of why we selectively chose to buy in this area when we did back in 2000.  Property owners deserve an ownership right to expect that a low-density residential area in which they buy will never be downgraded.  This particular area was deemed ‘Period Housing’ when we purchased our house back in 2000.  That gave us reassurance.]

 

[Critique #9]    Holiday accommodation banned. 
 
Further research would be required to determine if any of the properties were used as holiday rental properties or guesthouses.   The eastern end of the Bathurst Road streetscape includes commercial land uses, most of which are located in new buildings, either infill or built following the demolition of earlier buildings.”
 
“This small precinct is physically remote from the centre of Katoomba today and is unusual in the way that it includes relatively few properties that service the tourist industry, demonstrating instead the characteristics of a small residential area. The subdivision includes the Bathurst Road, Walgett, Kamillaroi and Murri Street precincts.”   
 
[AUTHOR’S NOTE:   We criticise why in the report did the consultants introduce these precinct terms for North’s Subdivision?  The SEC I through to SEC IX are the original identifiers.  The so-called heritage consultants ought to have professionally respected that original heritage labelling rather than try to ‘reinvent the wheel’ and impose their own labelling.  Some heritage consultants!]
 
The following statements describe the mostly pre-Federation character and fabric of the purely low-density detached residential cottage housing of North’s Estate Heritage Conservation Area, to which we concur.
 
 
(9A)  “This small precinct is physically remote from the centre of Katoomba today and is unusual in the way that it includes relatively few properties that service the tourist industry, demonstrating instead the characteristics of a small residential area.”  [AUTHOR’S NOTE:  This is a false statement and increasingly so over recent years to 2025 at the time of writing.  This North’s Estate Heritage Conservation Area (HCA) has been ongoingly swamped by Airbnb short-stay holiday lets by the dozens.  Such tourist accommodation is in breach of the HCA. ]
 
(9B)  The typologies most commonly found in the area include the simple symmetrical Victorian cottage (hipped or gabled), simple L-plan Edwardian cottage, Federation house with return verandahs and Inter-War bungalow in both the Sydney-style and designed variations. Later infill is mainly 1970s style project homes with a recent large infill at the south-eastern end of Buti Street. Almost all structures are a single storey in height.”
 
(9C)   “Murri, Warriga and Kundibar Streets have a similar character to Walgett and Wells Streets, with a range of more modest built forms, mainly late Victorian/early 20th century cottages and small houses, plus examples of later styles and periods.”
 
(9D)   “Physical condition and Archaeological potential Not investigated, but the location of at least some of the pre-1883 structures along Bathurst Road are shown on the subdivision plan and have significant archaeological potential. The area in the vicinity of the settlement has the potential for archaeological deposits related to the use of this area.”
 
(9E)   “The streetscapes within the North’s Estate HCA are clearly differentiated from each other and from the surrounding area. Their common underlying configuration of an outer loop road attached to the main road with internal connecting streets has facilitated the cohesive aesthetic character within the area with a clearly expressed overall consistency in the scale, form and siting of individual buildings.”
 
(9F)   “The streetscape of Murri Street also contributes to the aesthetic heritage values of the HCA, with sandstone-faced split-level roadways separated by traditional timber arras fencing in places. It features quality houses that are good and representative examples of their architectural style. Many of the houses in this part of the HCA have undergone extensive alterations and additions to facilitate the capture of the views from the properties, but the overall character remains one of a simple, traditional streetscape on the edge of the bushland.  As a group they create a strong sense of place that helps to define the aesthetic character of their streetscape.”
 
(9G)   “Fences are low, visually transparent and are generally appropriate for the period of development. There is relatively little evidence of gentrification or reworking of historic fabric.”
 
(9H)   “The buildings in the area include a good range of typologies from the main period of development (1880s to 1940s). Although many houses have had minor alterations and additions, most have retained the integrity of their original form and continue to contribute positively to the quality of the streetscape.”
 
 
(9I)   What is omitted are street by street photos by the researchers rather than just descriptive text and few old maps.
 

 

[Our Critique #10]   

 

The consultant’s report is vague toward the ending pages, mentioning but not discussing matters of significance such as ‘social significance’, ‘technical/research  significance’, ‘SHR” (we presume this means ‘State Heritage Register’, yet it is not so defined on the report), ‘rarity’, ‘representativeness’, and ‘integrity’.   Perhaps the unfinished repoirt was due to consultants running out of time or funding or just moved on to other work.

 

[Our Critique #11]   

 

Much streetscape and housing architecture information is omitted from the draft HCA.

 

[Our Critique #12]   

 

The report’s recommendations are similarly very brief, however the statement “retain low density residential zones” is a clear message.  The emphasis is on the public domain (streetscape) within the HCA, moreso that the architectural character,  integrity in preserving the colonial cottage style of the Victorian era.   Else it concludes with rather generic waffle at the end, possible sourced form a previous report.

 

[Our Critique #13]   

 

In any case, Council has since done nothing about implementing the recommendations, or any further research, but as usual just filed it.  the HCA exercise was merely to comply with the NSW Government’s change in terminology from ‘Period Housing’ to ‘Heritage Area’ in its DCP2015 from Blue Mountains LEP 2005.   It seems that is all that Council has done, which from one’s experience with Council’s many Plans of Management, is typical of Council management (mismanagement). 

 


 

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:

 

Note that due to the small size of our own residential block, some time ago we planted clumping (non-running) low maintenance bamboo hedging to create mutual privacy between our neighbours backyards, instead of say high maintenance dark conifers.  Following our prior consultation with adjoining neighbours, our choice with the clumping bamboo to establish mutual privacy was welcomed by all our adjoining neighbours.

 

Note to the left of the photo the previous entertainment pavilion build (new outbuilding #2) i addition to a carport (outbuilding #1) on site.  Yet legally, only two outbuildings (not three) are permitted in this low density residential area.  After  which 3+ outbuildings downgrades this low density heritage residential area to medium density and ultimately to high density.  

 

Another proximity photo shows the roof rafter of this new backyard sauna to be just a 350mm (1 foot) setback from our boundary.  Unbelievable!   The new sauna wall is to be just 500mm setback from our fence.  This setback is illegal. It has to be a minimum setback to any boundary of 1400mm.  It is a very arrogant intrusion by an adjoining neighbour.

 

And we’re not exaggerating our measurements. Evidence by us from our side of the fence always!  

 

This backyard sauna fabrication is using cheap and combustible pinewood which is illegal in our bushfire prone fire zone.   This is a cheap cowboy backyard build.  We soon learn it’s been going ahead without Council knowledge let alone approval.   Our home is dangerously exposed potentially to this a large bushfire torch on our boundary – and it’s all being setup for Airbnb holiday let parties using the pavilion and now this sauna as sales features on our residential boundary for Christ sake!

 

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!

 


 

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.]

Bushfire Prone cadastral mapping of the subject section of North’s Estate ‘SEC IX’, without specifically identifying the subject property.  [Source:  Spectrum Spatial’s e-mapping on Blue Mountains Council’s website’s Interactive maps] 

 

The subject backyard sauna under construction.  [Photo by author from fence line].

 

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 developmentunder 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.]

 


 

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.]  

 

A sample cabana

 

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.]

 

Mr Ridd’s backyard adjoining the subject property has a pre-existing trespassing sewer main from decades prior with a manhole access  (shown above) near the back boundary.  This sewer main runs from this access manhole directly behind under the rear fence (10 feet deep) downstream. So the new backyard sauna is being constructed by the subject property owner directly above the Sydney Water sewer registered easement.  So this new backyard sauna build in situ is illegal.

 

(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

 


 

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

   


 

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. 

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[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

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[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

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[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

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[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:

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Part 2:  Strategy:

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Part 3:  Implementation Plan:

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[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].

 

 

The Gully (Katoomba) holds meaningless heritage value to Blue Mountains Council, except exploitative propaganda and enterprise value to it.  No trust.

 


 

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.]

 

Friends of Katoomba Falls ‘On The Receiving End’

Saturday, May 6th, 2017

On The Receiving End

A brief insight into ‘The Friends of Katoomba Falls Creek Valley Inc.’ and their efforts to protect a special place.

“Gain a short, little known insight into a small group of thoughtful, committed citizens who came together led by the late Neil Stuart to become guardians of a very special natural valley in the Upper Blue Mountains.  Learn about the wealth of stories, how over 26 years locals cared for the valley’s integrity, how volunteers committed to half a lifetime of unpaid bushcare, made and sold jam at street stalls to raise funds, and fought a council Goliath.  Be shocked by the truth of what really happened in 1957 and the lifetime trauma to what was once an harmonious yet socially marginalised community subsisting on Katoomba’s fringe.

This is of living contemporary social history.  This is a controversial expose into one group’s community volunteerism, activism, environmentalism and nimbyism and social justice – thousands of hours given up to save ‘Katoomba Falls Creek Valley’, known by some as ‘The Gully’, known by others as ‘Catalina Raceway’.

This is very much an Australian story, a microcosm of Australian history and pre-history – one locally as rich as it is beautiful yet very sad.  It has impacted upon dozens of locals, old families and their ancestors. It is a story about respecting the natural, anthropological and community values of one valley.  Recent history became complex, protracted and nasty – involving displacement, forced eviction, invasion, desecration, secret deals, politics, animosities, divide-and-conquer manipulation, empty political promises, conflicting interests, threats and designs by influential millions, the various meetings, many plans of development (some silly), token consultation, one of metaphorically trying to herd cats and twenty six years of community emotional snakes and ladders.

Katoomba Falls

This presentation was delivered by a former member of ‘The Friends’ yesterday at Hobby Reach, Wentworth Falls, the home of the Blue Mountains Historical Society Inc.

For those who attended and requested the reading of the poem…

Soliloquy of a Scribbly Gum

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