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

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

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

 

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

 

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

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

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

 

“Dear Mr Ridd,

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

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

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

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

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

Regards,

Judy Le Breton | Senior Investigations Officer  |  BMCC …”

 

 

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

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

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

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

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

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

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

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

 

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

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

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

 

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

 

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

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

Love the spelling, vegoes!

 

Garden Sheds?

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

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

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

 

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

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

 

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

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

 

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

 

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

Yeah but wait, there’s more…

As a Noun (a shed is…):

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

Examples:

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

 

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

 

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

 

We posit some creative options:

 

(1)   A wee ‘exempt’ shed

 

 

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

 

 

(3)   An ‘exempt’ larger shed  

 

 

(4)   An ‘exempt’ party cabana

 

 

(5)   An ‘exempt’ backyard sauna

 

 

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

 

 

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

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

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

 

 

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

 

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

 

 

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

 

 

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

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

(13)   Skyway money invasion – ‘exempted’

 

 

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

 

 

(15)   Barangaroo twister?

 

 

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

 

 

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

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

 

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

 

 

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

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

 

 

 

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References and Further Reading:

 

Blue Mountains ‘City’ Council’s heritage hypocrisy persists

 

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

 

 

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PART  I.    A Land-Use Development issue at hand

 

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

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

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

 

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

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

 

 

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

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

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

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

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

 

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PART  II.   Disclaimer

 

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

 

(2)   This article is yes, political. 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

 

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PART  III.   Issue Background

 

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

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

 

 

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

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

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

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

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

  

 

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

 

 

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

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

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

 

 

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

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

 

 

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

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

 

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

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

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

 

 

Pull the other one, Council!  

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

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

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

 

The spiel starts off as follows: 

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

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

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

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

 

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

 

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

 

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

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

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

 

 

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

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

 

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

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

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

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

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

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

An original photo during construction back in 1921:

 

 

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

 

 

 

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

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

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

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

 

 

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

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

 

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PART   IV.   Topic Location

 

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

 

[A]   A Global Location Map:

 

[B]   Katoomba- Sydney Location Map: 

 

[C]    Katoomba Falls Creek Valley Map: 

 

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

 

 

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

Prices per night under San Francisco based Airbnb…

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

 

 

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

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PART  VI.   A Case in Point

 

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

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

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

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

 

 

 

 

 

 

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

 

Correspondence #1:

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

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

 

Correspondence #2:

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

 

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

8th December 2015

 

Dear Mr XXXXXXXX,

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

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

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

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

Kind regards,
Steven Ridd

 

Correspondence #3:

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

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

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

 

Correspondence #4:

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

 

“Dear Mr Ridd,

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

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

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

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

Regards,

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

 

Some relevant observations at this juncture:

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

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

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

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

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

 

Correspondence #5:

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

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

 

 

Correspondence #6:

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

 

Correspondence #7:

 

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

 

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

Hello Ms Le Breton,

Thank you for your email reply.

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

Yours faithfully,

Steven Ridd

 

Correspondence #8:

 

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

 

(Subject Address) Katoomba (CSR 634961)

Dear Mr Ridd,

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

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

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

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

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

Regards,

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

 

Correspondence #9:

 

22nd December 2025

Hello Ms Le Breton,

I total reject your rejection of the rules.

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

You have offered me no justification for doing so.

 

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

Yours faithfully,

Steven Ridd

 

Our Critique:

 

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

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

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

 

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

 

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

 

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

 

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

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

 

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PART  VII:   Blue Mountains Planning – Shed Development Rules 

 

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

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

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

 

Shed Requirements for Exempt Development in NSW

 

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

 

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

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

 

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

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

 

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

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

 

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

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

 

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

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

 

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

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

 

 

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

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

 

Neighbour Notification and Disputes

 

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

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

 

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

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

 

“Actionable Steps

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

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

 

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

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

 

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

 

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

 

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

 

2.17 Specified development

 

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

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

 

 

2.18 Development standards

 

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

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

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

 

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

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

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

 

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

(f) not be a shipping container, and

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

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

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

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

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

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

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

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

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

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

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

 

 

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

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

 

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

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

 

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

 

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

 

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

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

 

AUTHORS NOTES:

Of relevance: 

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

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

(3)   Bushfire Prone Land – Vegetation Buffer

   

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References and Further Reading:

 

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

An example:  

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

Part 1:  Strategy Background:

 

Part 2:  Strategy:

 

Part 3:  Implementation Plan:

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

 

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

 

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

“Search for information about a property:

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

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

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

 

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

 

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

 

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

 

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

 

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

 

 

 

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References and Further Reading:

 

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

 

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

 

Blue Mountains {city} Council’s latest greenwashing promotion of itself, it terms its ‘Planetary Health Initiative‘.

But what on Earth is this construct syntax ‘planetary health‘? 

Some quick online research reveals it’s all about human health, not that of planet Earth.  It is another anthropocentric ideology, so those guilty of damaging native habitat can feel warm and fuzzy by token eco-gesturing. 

 

The Habitat Advocate disagrees strongly with any anthropocentric philosophies.   In stark contrast and transparently, we advocate the ‘Deep Ecology‘ philosophy – meaning:

“Deep ecology, environmental philosophy and social movement based in the belief that humans must radically change their relationship to Nature from one that values nature solely for its usefulness to human beings to one that recognizes that Nature has an inherent value.”

This is a recommended read:  ^https://www.britannica.com/topic/deep-ecology

 

In our view, ‘Planetary Health’ comes under the realm of ‘Greenwashing‘ – typically a public relations ploy used by both governments and corporations that are way short of best practice to protect the natural environment under their custodial stewardship, so they resort to token public relations campaigns using expert consultants and publicly trusted ‘celebrities’ to message ‘ecological care’ when it isn’t.   Blue Mountains {city} Council is a serial offender of greenwashing – we think the worst in Australia given the council’s location (surrounded by and upstream of natural World Heritage), its record of environmental neglect and harm, and its hubris about is continual self back-patting claims of its ecological stewardship.  

 

Greenwashing?

“‘Greenwashing’ is a term used to describe false or misleading environmental claims. Greenwashing makes business appear more environmentally beneficial than they really are.  Omitting information can amount to a false or misleading representation or misleading or deceptive conduct, depending upon the circumstances and the overall impression created.  We consider a business to be engaging in greenwashing where they use any claim that makes a product or service seem better or less harmful for the environment than it really is.   Sometimes businesses accidentally mislead consumers. By following the ACCC’s guidance, businesses that make environment or sustainability claims are less likely to mislead consumers and break the law.”

[SOURCE:  ‘Greenwashing defined’, Australian Competition and Consumer Commission,  ^https://www.accc.gov.au/business/advertising-and-promotions/environmental-and-sustainability-claims]

 

A reality check:

 

Where is this current high density townhouse development taking place? 

It’s more than 3 km from Katoomba’s retail precinct, isolated on the defunct golf course site (was fairway #3) within just 100 meters of the World Heritage Jamison Valley escarpment across Narrowneck Road.  Here’s the location map with the black star showing the site location of the above photo image.

 

In our view, hardly close to amenities, and these properties aren’t cheap…

 

 

The defunct Katoomba Golf Course Clubhouse?

 

At Council’s public meeting of 29th September 2020, councillors endorsed purchase of the defunct Katoomba Golf Course Clubhouse site (1 Acacia Street, Katoomba) for $3.3 million using ratepayers’ money of course, not theirs.  So, an easy low-risk decision by said councillors who voted ‘YES’.   

That old defunct clubhouse sits alongside the similarly defunct Katoomba 18-hole golf course – long owned by council.   This combined site has become council’s largest operational land holding, at 29.66 hectares (so pretty much 30 hectares).  It’s bigger than Ben Hur.  It exceeds Council budget and Council doesn’t know what to do with it.  

 

A key Blue Mountains community question here is that given the Katoomba Golf Club and its predominant owner at the time, golfer Geoff Reed of Reed Constructions had in 2012 gone into liquidation, and the Club then followed suit being liquidated in 2013; so to whom did Council pay the $3.3 million out of Blue Mountains ratepayers’ funds?   

Presumably, the money was paid to the Katoomba Golf Club’s liquidator so as to pay off the Club’s owed creditors and owed staff salary entitlements.   This means that local ratepayers ultimately bailed out this failed golf club, not Council.  This sham had all the while for well over a decade, seen Council senior management and ratepayer-elected councillors stage numerous closed-door secret meetings at Council chambers with the Club and developers (denying access to ratepayers) – yet those developers ultimately all went bloody broke, and ratepayers took the can.

All the while for decades, fewer were interested in playing golf.  The writing had been on the wall for decades.

 

Quite separately, a third adjoining site to the direct east of the Clubhouse used to also be part of the community land that Council undertook in 1920 to be for explicit sole use for the old Katoomba Golf Club.  But multiple dodgy closed door meetings by Council re-zoned numerous fairways into ‘operational land’ (so deeming the land saleable) so that Council could flog them off for profiteering of community land  to a developer for dense housing development, which it did during in the 1990’s for its own coffers.

That’s just a brief background to this multi-decade saga.   

1. So why did Council buy it? 
2. What was the hard sell to councillors who voted to approve the purchase? 
3. Who benefits? 
4. What is the return on investment for Blue Mountains ratepayers? 
5. How is this part of Council’s remit? 
6. Surely there were opportunity costs for a lazy $3.3 million – like potholes fixed, rates reduced, landslips properly repaired and vital access roads re-opened?
7. Did this $3.3 million purchase of a tired building (hardly an “asset”) ever appear on Council’s strategy plans, like on its 2017 ‘Blue Mountains Community Strategic Plan 2035’?

 

Council since its 2020 purchase of the Clubhouse, has for the past four years been trumpeting its planned re-purposing of this 30 hectare defunct recreational site, including options for re-use of the old clubhouse.  Before, that purchase and before any local community consultation.  Council’s consultation with the local community didn’t start until 14th March 2022.  

Council at least two years prior had already (secretly again) seconded external consultants for ideas about the site’s possible uses (another Greenwashing public relations campaign to justify Council’s $3.3 million expense of ratepayer’s funds and its proposed ‘noble’ initiative). 

Yet, The Habitat Advocate previously accessed Council’s webpage.  We also made a written submission which we shall soon share publicly in a subsequent article on this website. 

We discovered the following fine print, which reveals Council had already pre-decided that any community ideas would have to conform within its notion of restoring planetary health – whatever Council decided to have that mean…

Quote:

“Former Katoomba Golf Course Precinct Plan

You’re invited to imagine the future of the former Katoomba Golf Course Precinct

At this extraordinary time, at an extraordinary site in our City within a World Heritage Area, we have an amazing opportunity to do something special.

We urgently need to take better care of nature to protect our own health. Our City is perfectly positioned to explore ways to care for our planet’s natural systems and share these solutions globally.

With Traditional Custodians, our community, educators and researchers from a number of universities, Blue Mountains City Council is exploring opportunities related to planetary health initiatives at the former Katoomba Golf Course precinct (clubhouse and adjoining 30 hectares of public land). We are doing this for the long-term benefit of our City and our community and to create new job opportunities.

We want to know – what opportunities you see for the former Katoomba Golf Course site? How do you think this site could be transformed to help restore planetary health?”

 

That is why in Council’s media release about the purchase, Council was already on the front foot flagging its pre-arranged re-purposing plans for the large site under its newly conceived  ‘Blue Mountains Planetary Health Initiative‘.  Read the two media releases we reproduce below – one by Council dated 5th October 2020, the other by Western Sydney University dated 10th December 2020. Recall councillors approved the purchase of the clubhouse on Tuesday 29th September 2020, just a week before Council’s media release, as stated in this article.

 

 

 

A few fact checks here…

 

 

The same verge 50 metres south along Narrowneck Road…

And the forthcoming beneficiaries of Council’s so-called planetary health initiative? …

 

Council has set up a webpage that defines its understanding of this rather academic globalist concept of ‘Planetary Health‘, stating:  “Its aim is to provide a framework for us to reassess and adapt human practices to better support a healthy planet for current and future generations.”

Council webpage on this rattles on…  GoTo:  ^https://www.bmcc.nsw.gov.au/what-planetary-health

 

 

Council’s initiative programme is being delegated to Blue Mountains local Lis Bastian, now Council’s Senior Programme Lead for the Planetary Health Local Action Programme.  Now there’s a bureaucratic mouthful.  Ms Bastian is an experienced art teacher, grassroots environmentalists of sorts with a passion for The Arts and Permaculture amongst other interests and public leadership roles.  An eco-celebrity being used by Council to garner trust with the local community.  A brave person to take on this role.

But Council didn’t initiate this “Planetary Health” nonsense.

Prior to Council effectively buying back a building asset on the community land of Katoomba Falls Creek Valley it had long already owned, Council had consulted with Western Sydney University to try to attract university interest and ongoing funding for this otherwise very large defunct recreational site on the edge of Katoomba.

This is the Western Sydney University’s media release timed around the same time of Council’s purchase of the Golf Clubhouse (actually, less than two weeks later from 29th September 2020, thus:

 

‘Western Sydney University to explore Planetary Health excellence in local area’

2020-12-10, by Emma Sandham, Senior Media Office, Western Sydney University, ^SOURCE

 

“Western Sydney University has signed a Memorandum of Understanding (MOU) with Blue Mountains City Council (BMCC) and the Monash Sustainable Development Institute to explore the establishment of a Planetary Health Leadership Centre in Katoomba.

The Centre – to focus on the emerging science of Planetary Health, which links our activities with the health of people and the planet – is set to be based at the former Katoomba Golf Clubhouse recently purchased by BMCC.

Western Sydney University’s Deputy Vice-Chancellor and Vice President (Research, Enterprise and International) Professor Deborah Sweeney commended the signing, which will place Western at the forefront of this emerging interdisciplinary research field.

“This MOU underpins the University’s mission of striving for innovation and excellence in its pursuit of impactful research that solves some of our most pressing local, regional, national and international challenges,” said Professor Sweeney.

The Planetary Health Leadership Centre’s (PHLC) proposed aims include:

• The research and promotion of sustainable living, environmental science and other initiatives relating to how human practices can better support a healthy planet for current and future generations;
• Research into climate change and bushfire management, and their impact on the Blue Mountains World Heritage Area and its unique biodiversity;
• A reinvigorated sustainability model for the region based on the principles of planetary health;
• A substantive forum for BMCC, academics, local stakeholders, and global theorists and practitioners to be in meaningful dialogue about:
  • the practicalities of enacting transitions to cultures of planetary health;
  • the undertaking of research and promoting the development of strategies to improve the environmental health of the planet and to respond to the challenges of climate change, natural disaster, bushfire, and other processes which threaten sustainable living;
  • emulating the persona of the Blue Mountains as a unique place that fosters a culture of diverse and high quality creative endeavour as a City of the Arts.

Blue Mountains Mayor Mark Greenhill said: “The signing of this MOU to coincide with the 20th anniversary of the Blue Mountain’s World Heritage status announcement, is fitting.

Planetary Health is a global imperative.  It resonates with the people of the Blue Mountains, but it is a matter for all people globally.”

For further information about plans for the PHLC, please contact Professor Nicky Morrison nicky.morrison@westernsydney.edu.au.

 

Yet, before 2020, we find this online academic article on Planetary Health dated September 2018…

 

‘Planetary Health: From the Wellspring of Holistic Medicine to Personal and Public Health Imperative’

by Susan L Prescott 1, and Alan C Logan 2, PMID: 30316687 DOI: 10.1016/j.explore.2018.09.002, National Library of Medicine (an official website of the United States government), ^SOURCE.

 

Abstract

“The term planetary health – denoting the interconnections between the health of person and place at all scales – emerged from the environmental and holistic health movements of the 1970-80s; in 1980, Friends of the Earth expanded the World Health Organization definition of health, stating: “health is a state of complete physical, mental, social and ecological well-being and not merely the absence of disease – personal health involves planetary health”.

By the 1990s, the concept of planetary health was part of the fabric of integrative medicine; more recently, after the 2015 Lancet Commission on Planetary Health report, the concept has penetrated mainstream academic and medical discourse.

Here, we explore this history and describe its relevance to contemporary healthcare; integrative medicine is uniquely positioned to educate and advocate on behalf of patients and communities (current and future generations), helping to safeguard health of person, place and planet.

We use the emerging microbiome science as a way to illustrate the interconnectivity and health implications of ecosystems (including social/political/economic systems) at all scales. As highlighted in the Canmore Declaration, mainstream planetary health discourse will be strengthened by inter-professional healthcare perspectives, and a more sophisticated understanding of the ways in which social dominance orientation and medical authoritarianism compromise the World Health Organization’s broad vision of global health.

Planetary health isn’t a “new discipline”; it is merely an extension of a concept that was understood by our ancestors, and remains the vocation of all healthcare providers. Discourse on the topic requires cultural competency, critical consciousness and a greater appreciation of marginalized voices.”  

 

Ok, so this term ‘Planetary Health’ pre-existed as a human holistic health concept back in the 1960’s.  So, it was definitely NOT Blue Mountains {city} Council’s original initiative.  Yet, admittedly borrowed from some external consultant – a university or one more local?  

Notably, the term ‘planetary health‘ from this definition from 2018 is clearly NOT about the health of the planet, but rather the health of person and place.  The notion is purely anthropocentric  – meaning “regarding humankind as the central or most important element of existence, especially as opposed to God or animals“. [Oxford Dictionary]   

It states that by the 1990s, the concept of planetary health was part of the fabric of integrative medicine.  So NOT ecology.

Council has made up it’s own different definition, akin to somehow saving the planet.  But clearly not by what it does itself, but by what it expects others to do.

Out of the blue then in 2020, Blue Mountains {city} Council issued a press release to the local Blue Mountains Gazette newspaper

 

‘University push for Katoomba as council buys old golf clubhouse site’

2020-10-05, ^https://www.bluemountainsgazette.com.au/story/6954634/university-push-for-katoomba-as-council-buys-old-golf-clubhouse-site/

 

“Two universities are planning to establish a centre in Katoomba under a major proposal unveiled by Blue Mountains City Council.  Monash University and Western Sydney University are currently finalising a Memorandum of Understanding (MoU) with council after it purchased the old Katoomba Golf Clubhouse site for about $3.3 million.  The MoU sets out a commitment to establish a leadership centre of international significance in the field of planetary health at the clubhouse site.

Monash University’s Sustainable Development Institute director, Professor Tony Capon, described the plan as “a visionary way to mark the 20th anniversary of the UNESCO world heritage listing of the Greater Blue Mountains Area next month.  We are very much looking forward to pressing forward with our shared vision for planetary health in the Blue Mountains,” he said.

Councillors endorsed the purchase of the clubhouse site that sits alongside the former Katoomba golf course – already owned by council – at their September 29 meeting.  The purchase makes the site council’s largest operational land holding, at 29.66 hectares.

Blue Mountains Mayor Mark Greenhill:  “The site is a strategic investment opportunity with significant potential benefits for the city in the short, medium and long term,”
“Council will explore, with the community, the best strategic options for future uses of the precinct through the upcoming master plan process for Katoomba.  What’s exciting is that this opportunity gives us our first real chance to work with universities to establish a leadership centre in the Blue Mountains that would provide jobs, as well as income that comes from sources other than rates.”

Establishing a planetary health leadership centre with universities was part of a local strategic planning statement endorsed by council this March.

Discussions with the universities have canvassed linking the centre with a hub in Katoomba’s town centre.

A UNESCO Chair in Planetary Health, funded by an external donor, could also be attached to the learning centre.

Professor Capon said the emerging field of planetary health “acknowledges that human health entirely depends on the health of natural systems. The COVID-19 pandemic, and last year’s unprecedented bushfire season, are signs that our current lifestyles are out of balance with nature”.

“In the interest of the well-being of all people, we should re-think the way we feed, move, house, clothe and power the world,” he said. “The Planetary Health Leadership Centre will advance practical solutions to everyday challenges, and strive for planetary conscious in the way we live.”

Blue Mountains mayor Mark Greenhill and Blue Mountains City Council CEO Dr Rosemary Dillon at the former Katoomba Golf Clubhouse (below).

Blue Mountains City Council CEO Dr Rosemary Dillon said the former clubhouse site has “significant potential to support appropriate development of this precinct that enables sustainable economic and social development, as well as job creation.  By purchasing the clubhouse site, it remains in council’s ownership and leverages opportunities for the future.”  She said “it is a fitting gift to the city – and the world – that we look to establish such a significant centre” as the Blue Mountains prepares to celebrate the 20th anniversary of its world heritage listing.

The purchase has been funded by council’s property investment fund and internal sources to avoid the long-term cost of borrowing.

While the establishment of any university-linked centre is likely years away, council believes income generated from the site in the short term will help cover the costs associated with the facility and maintenance of the former golf course site.”

 

Council’s corporate culture still blindly considers it’s a “city”.  It’s management and staff need to get outside that ivory tower more.

 

Our Blue Mountains region is the antithesis of being a city.  It remains one of the last natural tracts of contiguous forested land in New South Wales and indeed Australia.  That is why many local folk campaigned from the 1920s to protect it to achieve its World Heritage status.   So why celebrate an ugly ‘city’ status for this beautiful and rare natural place in which we live?   

According to Council’s ‘Blue Mountains Planetary Health Initiative’ webpage, it wants us to recognise as humans #WeAreNature.   Yet, the reality is that with the planet’s human population plague at 8.1 billion and forecast to reach a “milestone” of 10 Billion by 2058 according to the United Nations, humans are not Nature but a virulent destructive, self-serving plague; hardly a Natural phenomenon. 

 

 

Council’s ‘city’ mindset emanated from councillors proclaiming the string of villages along the Cox’s Watershed to be a ‘City’ back in post-war 1946.  That’s where the bureaucrats mindset is stuck, still boasting in its media releases of  “celebrating the unique privilege of managing a City within a World Heritage Area“.   A city is not a privilege.  It is an oxymoron.  The mindset poses a threat to World Heritage – mostly juxtaposed downstream of Council’s encouraged urban development.

If council management, staff and councillors want to live in a city they should go back to the Sydney megalopolis which permeates on our Nepean River boundary – and crossing it recently by gerrymandering the NSW Penrith electoral boundary into Glenbrook.  The Blue Mountains is not ‘Greater’ Sydney.  When a NSW Government declaration, like a lockdown, is imposed for Greater Sydney, it does NOT affect the Blue Mountains. 

 

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References:

 

[1]   ‘What is Planetary Health?‘, Blue Mountains {city} Council, ^https://www.bmcc.nsw.gov.au/what-planetary-health

 

[2]   ‘University push for Katoomba as council buys old golf clubhouse site‘, 2020-10-05, by Damien Madigan,  Blue Mountains Gazette newspaper, ^https://www.bluemountainsgazette.com.au/story/6954634/university-push-for-katoomba-as-council-buys-old-golf-clubhouse-site/

 

[3]   ‘Western Sydney University to explore Planetary Health excellence in local area‘, 10 December 2020, by Emma Sandham, Senior Media Office
^https://www.westernsydney.edu.au/newscentre/news_centre/story_archive/2020/western_sydney_university_to_explore_planetary_health_excellence_in_local_area

 

[4]    ‘Yarrabee is an Aboriginal word meaning ‘lot of gums‘, “Aboriginal Words and Their Meanings” by JH Sugden), Yarrabee is a place in Queensland. Yarrabee Close was built in 1975, ^https://history.lakemac.com.au/page-local-history.aspx?pid=1085&vid=20&tmpt=narrative&narid=3023.

 

[5]    ‘Deep Ecology‘ defined, Encyclopaedia Brittannica   ^https://www.britannica.com/topic/deep-ecology

 

[6]    ‘Centre for Planetary Health hypocrisy‘, 2024-05-28, by The Habitat Advocate, ^https://habitatadvocate.com.au/centre-for-planetary-health-hypocrisy/

 

[7]    ‘Greenwashing‘  defined, by Australian Competition and Consumer Commission,  ^https://www.accc.gov.au/business/advertising-and-promotions/environmental-and-sustainability-claims]

 

[8]    ‘Katoomba Golf Club’s escarpment vandalism‘, 2013-07-05, by The Habitat Advocate, ^https://habitatadvocate.com.au/katoomba-golf-clubs-escarpment-vandalism/

 

[9]    ‘Wollumboola threatened by selfish 20thC ‘golf’‘, 2011-09-02, by The Habitat Advocate, ^https://habitatadvocate.com.au/wollumboola-threatened-by-selfish-20thc-golf/

 

[10]    ‘Yarrabee Katoomba‘, by Real Estate.com, ^https://www.realestate.com.au/project/yarrabee-katoomba-600040364 , accessed 2024-06-01

 

[11]    ‘Yarrabee Katoomba‘ , by McGrath Real Estate, ^https://yarrabeekatoomba.com.au/

 

[12]   ‘Is Economy Or Lack Of Interest Hurting Golf?‘, 2011-05-23, by Ian Hutchinson , ^http://www.golfnewsnow.ca/2011/05/23/is-economy-or-lack-of-interest-hurting-golf/]

 

There is a legacy of hoaxes, scams, cons, white elephants, crazy schemes and plans, wacky ideologies and bandwagon movements globally (since before the notorious Dutch Tulip Mania of 1634), and including sadly throughout Australia; also indeed right here in the Blue Mountains of New South Wales.

Possibly the worst on the cards currently is Blue Mountains {city} Council’s conjured up ‘Centre for Planetary Health Initiative‘, which is set to re-purpose its disused and ultimately failed Katoomba Golf Course situated on the western edge of Katoomba.   

Actually, it seems that this initiative was not Council’s idea, but introduced from Western Sydney University via an intermediary we shall say.  Those in Council’s ivory tower chambers, situated aloof from town, appear to have been hoodwinked by some cult-type global noble phenomenon, termed ‘Planetary Health‘.

‘Planetary Health‘ is an interesting construct.   Where did this crop up from?   Well, our research shall soon reveal the background to this latest fad in subsequent articles.

A decade after Katoomba Golf Course inevitably went broke in 2013, this exotic religious ornament propped up unannounced on Council’s old Katoomba Golf Course site just outside the old club house.  Perhaps the timing was just after Blue Mountains [city} Council forking out $3.3 million of ratepayers’ funds to buy back the golf course club house building on the combined site that it had originally owned. 

We presume this obelisk is not Aboriginal, but may have arrived from a falling comet from the Cosmos, else some Council notional ‘Kumbaya’ committee thought bubble.  Who knows?

 

 

So who on Council arranged this ugly cult thing at Council’s defunct Katoomba Golf Course? 

Back on 8th October 2019, nearby Radiata Plateau outside Katoomba was sold by the Indian religious cult, the Transcendental Meditation Organization (TMO), to the NSW Government Minister for the Environment (NPWS), Matt Kean for $2.8 million.   So is this where the TMO ended up, quid pro quo? 

A zoom-in of this ‘cult-thing’ to some maharishi yogi…

 

Clearly something odd is going down in Council’s ivory tower over in North Katoomba.  Katoomba residents around the old golf course are not impressed, especially local dog walkers being denied by Council off-leash access on the 30-hectare golf course.

‘Planetary Health‘ seems to be some motherhood construct.   It conveys a sense of ‘warm and fuzzy’ do-gooding.   The choice combined wording is a syntax slogan morally is difficult to criticise.  This ‘initiative’ sounds wonderful in concept and hard to morally criticise, so IT MUST BE GOOD?   Good for the planet and good for health?  Such is what propaganda is about.  We suspect this is a deliberate propaganda ploy by another organised social movement.  We shall explore this background.

The Habitat Advocate has been in The Mountains since 2001.  We didn’t come down in the last shower.  We have experienced dealing with Blue Mountains {city} Council especially on matters negatively impacting Katoomba Falls Creek Valley as a member (2002-2008) of the Friends of Katoomba Falls Creek Valley Incorporated.  This includes protesting against the now defunct 30 hectare Katoomba Golf Course and its expansionism and residential developments.  

Local residents, again, are concerned with Blue Mountains Council’s motives and undisclosed plans and ends for this public land site that has a record of dodgy ‘Confidential Business Papers, secret closed-door council meetings and deals dubbed ‘commercial-in-confidence’, all the while council has repeatedly wasted ratepayers’ funds for decades in order to bail out its hair-brained golfing mates’ developments and expansions. 

 

A bit of relevant history:

 

Back in 1920, a group of local Katoomba businessmen (golfers) initially set up ‘The South Katoomba Land Company Limited‘ having the idea of leasing bushland on the edge of Katoomba near the Jamison Valley escarpment from then custodial owners ‘The Council of the Municipality of Katoomba‘ (now Blue Mountains {city} Council) –  to deforest the bushland and watercourse in order to convert the land use into a convenient local golf links for their golfing leisure.  This was the heyday of golf, popular up to the 1960s.  

Council was very obliging, probably because many of the then male councillors enjoyed playing few rounds.   ‘The South Katoomba Land Company Limited‘ morphed into becoming Katoomba Golf Club Ltd and so had the golf links constructed – we suspect with generous financial support from Council’s ratepayers’ funds.  This will become evident by reading further. 

By 1923, it was a 9-hole golf course replete with a moderate club house.  It was popular and became crowded, so by 1927, double the bushland was deforested eastward and northward to expand it into an 18-hole golf course. 

Over the decades, Council then acquired adjoining bushland sites to expand the size of the golf course out to about 74 acres (30 hectares).  That’s 300,000 m², or the equivalent area of 550m x 550m – a big chunk of bushland, which included a watercourse and series of natural swamps – all graded and swallowed up – bugger the ecology!  Golf being more important, like Council’s bulldozed Catalina car racing track nearby in The Gully in 1957!  This was all in the same Katoomba Falls Creek Valley natural water catchment above Katoomba Falls.

Later in May 1991, it was Council itself that proposed funding the tenants of the golf course, Katoomba Golf Club Ltd, a massive residential expansion development proposal.

 

Council labelled its own initiated development ‘Katoomba Golf Resort and Spa‘.  It was an A3-sized spiral-bound booklet of 30 pages including promotional ‘artist impression’ watercolour drawings that included a proposed large 2-storey club house including a licensed hotel, multiple function facilities and 48-room ‘lodge’ accommodation in two adjoining side wings either side of the club house/hotel.   

So, a conflict of interest by Council as custodial landlord of this public land to fund a commercial tenant’s recreational interests, or what?   

Here are a few extracts of that proposal commission by Blue Mountains {city} Council via its outsourced developer Leisure Lea Corporation to St Leonard’s based architects John Bruce and Partners: 

 

 

 

Note that multiple golf fairways/holes were to be re-purposed so driving the need to maintain the golf club’s 18-hole golf course offering by Council’s acquisition and re-zoning of surrounding community bushland.  This was an ongoing programme of destructive environmental expansionism for the pursuit of a dying pastime – Golf.   The architectural costs of this plan would have been considerable – all paid by local ratepayers.   

Just one of many examples of Blue Mountains [city} Council’s secret deals concerning its dodgy secrecy with their golfing mates, whilst exploiting ratepayers’ funds behind closed doors:

Council had sold off a number of fairways to housing developer, Mr Tracey Lake of Noroton Holdings Pty Limited, to use the land to build a hotel and ab0ut 20-odd townhouses. 

For over a decade the various developments schemes for the mixed use site were negotiated with Council in secret behind closed doors for more than a decade – suspiciously, the proceeds of Council’s partial land sell-off of what was ordiginall community land (rezoned operational by Council to enable it to be sold for housing, was used to prop the failing Katoomba Golf Club multiple times.   

Mr Lake’s business went broke and re-emerged as Numarra Pty Limited in 2004 and as Katoomba Escarpment Estates Pty Ltd (KEE).  In 2010, Council approved a 99-year lease of the Golf Course to Reed Constructions, which had controlling ownership in the club.   Then the golf course expanded into surround bush to recreate its 18-hole course status.   In 2012, Reed Constructions went into liquidation.  Then Katoomba Golf Club went into liquidation on Monday 1 July 2013.   

In 2020 Council bough the club house using $3.3 million of ratepayers’ funds.  The adjoining townhouse development persists to this day.

 

This is Blue Mountains {city} Council hypocrisy in spades.  Since when has Blue Mountains {city} Council been trusted?

Katoomba Golf Course ultimately went broke, first during Council’s re-zoned residential development and sale to Noroton Holdings Pty Limited, then by Reed Constructions in 2013.   Council all the while schemed with the lessee and successive developers behind closed-door backroom deals, misappropriating Blue Mountains ratepayers’ funds to prop up this dated golfing failed venture. 

Outcome?  A dog’s breakfast. 

 

 

The Katoomba Golf Course had gone broke in 2013 basically due to the lack of local general interest in playing golf.   The similar demise has afflicted the antiquated courses at  Lawson, Wentworth Falls, and Leura, and decades ago the one at Mount Victoria once attached to the Victoria and Albert Hotel harking from before The Great War.

So over time, disused golf clubs incrementally have sold off their land for housing development.   Notably, this includes the golf clubs at Leura, Wentworth Falls and Katoomba.  The defunct Lawson golf course remained in Council ownership, and being so remote, Council proposed no housing development to be viable.

Back to Katoomba Golf Course…

 

 

 

Our Blue Mountains (‘The Mountains’) have a destructive bombardment record of deforestation of this valley to suit its own ends backing selfish indulgences of wealthy business people wishing to indulge in their sporting pastimes – like playing golf, and watching car racing, and profiting from amusements parks (like Catalina and Scenic World).   Cultural spots don’t change.

Council’s old business paper records reveal that near Blackheath some enterprising nutter once proposed Australian prime ministers’ equivalent gouging like Mount Rushmore be carved into the west facing escarpment of Fortress Ridge, so viewable to tourists from Govetts Leap Lookout on the western side of the Gross Gorge, plus a glass elevator shaft up and down Bridal Veil Falls nearby.  There used to be cattle grazing in the Blue Gum Forest and Kanangra and previously in the mid 19th Century, the colonial government of NSW proposed building a railway line up the Grose River Gorge from Windsor to Lithgow.

Exploitative damage to The Mountains natural landscape, along with the permanent destruction of native habitat, has been encouraged by successive governments since 19th Century English immigrant ‘robber baron’ John Britty North’s deforestation and mining exploits of Katoomba in the 1870s.  

Now a decade after Katoomba Golf Course went into liquidation in 2013 and lay abandoned for a decade,  Council since 2020 indulged $3.3 million of Blue Mountains ratepayers’ funds to buy back the golf course and club house.

Government’s latest hair-brained scheme like this failed Katoomba Golf Course site smells surely of more Blue Mountains {city} Council’s PR greenwashing again.  ‘Blue Mountains Centre for Planetary Health’.  Seriously?

Research the history of this 30-hectare site to begin to understand our cynicism.  Where to start?  Start with our thirty-year knowledge and environmental protest legacy perhaps.

The site was Community land.  The original Katoomba Golf Club leased the lands from the land holder Blue Mountain Council in 1920.

Check this document.  A Declaration of Trust with Council that the land only be used for recreation…

 

Embarrassingly so, Blue Mountains {city} Council re-imagined a re-purposing of its failed golf club from a century since 1920.  Bureaucrats are slow learners.  Actually, they most never learn from their mistakes because they are granted impunity from any accountability.   The head honcho fat cat bureaucrats in BMCC senior management are still there, raking it in for themselves and wrecking the joint.

This is our previous article on this matter from 2013: 

Katoomba Golf Club’s escarpment vandalism

 

References:

 

[1]    ‘Declaration of Trust‘, between  The South Katoomba Land Company Limited to The Council of the Municipality of Katoomba, 28th January 1920, declaring said specified council land in Katoomba for the sole purpose of lessee use for golf links, as witnessed by Hughes & Hughes solicitors of 26 Hunter Street Sydney, (3 pages), resourced from The Neil Lewis Stuart Archive – Topic Group ‘F2: Valley Threats Katoomba Golf Course’;

 

[2]   ‘Katoomba Golf and Resort Spa Resort‘ land-use development proposal, Development Agreement Documents, May 1991, by John Bruce + Partners (architects) for Ted Stirling PGA of Golf Development Resources, resourced from The Neil Lewis Stuart Archive – Topic Group ‘F2: Valley Threats Katoomba Golf Course’, A3-size, 30 pages;   

 

[3]   ‘Katoomba Golf Club membership brochure‘, circa 1999, 2 pages, resourced from The Neil Lewis Stuart Archive – Topic Group ‘F2: Valley Threats Katoomba Golf Course’;

 

[4]   ‘Item C3 in Confidential Business Paper – Katoomba Golf Course Development‘, 12 Nov 2002, ‘Quality Local Government’, Ordinary Meeting business paper Page 17, Blue Mountains {city} Council , File No: H00003, 1 page, resourced from The Neil Lewis Stuart Archive – Topic Group ‘F2: Valley Threats Katoomba Golf Course’;

 

[5]    ‘Tulip Mania‘ speculative frenzy, Holland [17th-century], by Doug Ashburn, Encyclopaedia Britannica, 2024-05-07,  ^https://www.britannica.com/money/Tulip-Mania

 

 

Live vegetation is waste management JJ Richards?

Above is our consultant’s tree branch from his street verge taken out by Blue Mountains {city} Council outsourced waste management truck to JJ Richards meatheads last Thursday 16th February 2023.  

We felt Council might like to get out of its ivory tower high rise offices isolated from ratepayers and find out what is actually going on in its so-called city within a disappearing World Heritage Area.  So this is our memento to Council and its hypocritical ‘planetary health’ sentiment.

Whilst working from home at the time we heard the recycle truck outside doing it rounds in the street and then snap!   So he went out to inspect.

 

 

 

So as a resident ratepayer, what does one do? 

Pick up the pieces, saw off the hacked tree limb, clear the footpath.  It wasn’t even green bin collection, as in green waste.

 

Here’s the culprit driver we caught taking off heading back to Council base minutes later.

 

Quite a noisy and distinctive vehicle in our short quiet street, so we went outside and watched it depart.

 

This particular day was ‘yellow lid bin’ recycled waste removal day.  Council gets recycled waste collected fortnightly.   

Our mutually courteous arrangement with the waste removal drivers has worked just fine for many years without issue.   No yellow lid bins were outside our premises at the time of removal.  They never are, because we position all bins on the other side of our street where there are no verge trees, so that the driver gets a clear run.  It’s the same for the weekly garbage collection (red lid bins) and also for the garden green organic waste (green lid bins). 

But J.J. Richards in November 2022 must have employed a new driver to do a run that included our street.  This when the garbage started.  We noted this because the driver turned up around lunch time instead off the normal mid-morning, taking a different route only to back track many times.  He seemed lost.  Likely no handover training was provided by J.J. Richards from their older experienced bloke to this malicious meathead.   So what happened to the older experienced bloke we’d had for two decades?

And on his first round this malicious meathead hit the curb at the end of our street, failing to judge the sharp corner.   

 

Two weeks after the curb was run over by JJ Richards, and reported and the concrete stormwater cover re-positioned, the same driver hit the same curb and stormwater cover again.  Slow learner!

Unbelievable!

Council was informed a second time but chose to ignore the Customer Service Request (CSR) complaint and simply closed the CSR we suspect to exaggerate its statistics; not the first time.    How about fixing our footpath before a local pedestrian coming home in the dark breaks their foot.

 

We reported this stormwater drain cover damage by the truck to Blue Mountains {city} Council twice since November 2022.  The initial Customer Service Request (CSR) reference number was  441245.  Council fixed it the first time, but next month the same trucker collected it again.   The damage was again reported , yet three months later it remained damaged and dangerous for pedestrians, especially at night.

Clearly the driver of the J.J. Richards waste truck lacks the skills to know that tight corners require a wider margin to allow the rear wheels with a smaller turning circle to miss the inside curb.  (This author has held a heavy combination ‘HC’ semi license since the 1980’s).

In disbelief, we delivered our severed tree limb to Blue Mountains {city} Council’s reception to pass on to its Waste Management department with a please explain.

 

 

Council’s Waste services did not respond to our complaint until 3rd March 2023, thus:

 

“I’m writing in regards to your phone call lodging a CSR on 16 February and your follow up email providing photos of the damaged branch out the front of your property.

We are sorry that the tree has been damaged in this way.  We have asked JJ’s to review the footage.  From lifting the bin at a previous property and moving toward the bin and the next property, the truck did go under the overhanging tree.  The footage shows that a very small branch dropped behind the truck, so the driver wasn’t aware of the damaged branch shown in your photos.  The driver will be asked to take particular care in the future.”

(Rebecca) Manager, Resource Recovery & Waste Services, Blue Mountains Council.

 

“Very small branch”?   Garbage!  It was 2 metres long and 5 cm thick.  Our overhand is 2.7 metres about the road, ideal for shade for cars given that there is precious little shade around our area.  But is is not suited to bulldozing truck incompetent meatheads!   The JJ Richards truck cabin roof front will surely have a dent atop.

So Council management, enjoy our dead shrub!   Have J.J Richards waste collect it. 

 

 

Some bloke at JJ Richards (Aaron) rang us to say JJ Richard’s were inspecting their recycle truck’s dashcams.   We never got that call back from Aaron. 

 

Then a week later, JJ Richards (green lid) waste truck ran over the same corner curb.  The driver is either a meathead else serial offender employed by JJ Richards and Sons Pty Ltd, probably with dodgy quals and no reference checks.  

Council’s Waste Manager Rebeccas claims a Council maintenance team “s promptly actioned” the stormwater drain cover damage and after subsequent damage would “rectify the safety hazard the damaged stormwater covers pose”.  However, Council maintenance team did nothing of the sort.   On Sunday 12^th March I chatted with a nearby neighbour about this saga, and he told me he’s heard and seen truck hit the curb in question, and that he has taken it upon himself to reposition the concrete stormwater three times. 

Yet Rebecca reckons her maintenance crew fixed the three damage episodes?  She’s in desk-bound Lalaland.

 

 

Seriously, this JJ Richards serial malicious meathead trucker off the road, before a local pedestrian trips or gets seriously injured!  Where else is he causing streetscape havoc vandalism?

 

JJ Richards ‘Total Waste Management‘ means…?  

 

… red lid bins, indeed any lid coloured bins, curbs, stormwater drain lids, verges, trees, parked cars, other trucks, buildings, pedestrians, councillors…the planet. 

JJ Richards TOTAL WASTE MANAGEMENT !

 

 

 

 

 

 

With Council’s waste manager in denial and ignoring our requests concerning this matter, we’ve tried engaging directly with JJ Richards Contract manager Aaron Hilliard.  This is the same person who didn’t get back to us once he watched his culprit driver’s dashcam footage running into our verge tree.

On 16th March 2023 it went like this:

“Hello Aaron,  as requested, I forward you my correspondence with Blue Mountains Council since November 2022 complaining about the damage in my street (and then verge) by this same JJ Richards Driver).  It includes my photo records.  Please read these, and understand that all I want is for this ongoing damage to stop, and then please investigate and sort this ASAP and  let me know the outcome.  Much appreciated. “ 

Aaron’s reply:

“I spoke to Rebecca (Manager, Resource Recovery & Waste Services, Blue Mountains Council) yesterday again about the issues you have raised.  Rebecca has now advised that all correspondence should go through Council for their follow up.  Please contact Council with any further issues you experience with the waste, recycling & garden organics services.  Thank you. Aaron”

Our response:

“It may be inconvenient to both JJ Richards and Council, but the malicious damage cause by JJ Richards as waste contractor to Blue Mountains Council it is more inconvenient to me.  I shall continue to contact both JJ Richards and Council until this problem is properly resolved. Ignoring our complaint will only prologue the matter and escalate it into politics and the media, if that is what you both want.”

 

On 28th March we phone JJ Richards again trying to track down Aaron’s boss at Glendenning.   We’re told Aaron was on the tools  at the time (back on the road driving a  JJ truck) to fill in for JJ drivers taking sickies.   Reception puts us through to ‘Ray’, who comes across as older than Aaron and we suspect Rat report to Aaron not vice versa.  Ray says he knows nothing, so we email him Ray about the saga, asking all we just want this JJ Richards street damage and harassment to us to end.   

No replies yet from Ray, not unsurprisingly.   So, we’ll keep moving up the JJ Richards pecking order (garbage trail). 

 

INCIDENT 5:

Gets worse…Tuesday 28th March at 7:30am, a JJ Richards recycle truck pulls up outside our home and puts his reversing alert on for up to 10 minutes, but without actually reversing.

Tuesday’s not a scheduled waste collection day nor was there any booked curbside household waste to collect anywhere in our small street.

The loud beeping noise woke us up, so I go outside into the street and the driver suddenly took off.  Harassment or what?

I shall get his rego next time on video.  He’s on notice for such harassment.   

Council’s waster manager Rebecca claimed the driver was looking for an empty a missed recycle bin from the Thursday prior after the owner complained.  Our street of all of 100 metres in length, so not exactly difficulty to find the only bin put out for collection in the street.  

It remains full.  Unbelievable.  We have a meathead  on our hands and Council and JJ Richards are in collaborative denial. 

Has this individual had background police checks before he started working at JJ Richards?  Has he got mental health issues or a criminal history such as a an AVO perhaps?

I saw him on his run last Thursday, observing he is a younger male perhaps in his 30s with medium length blonde dreadlock hair. 

The saga continues…

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We recall a previous trucking meathead back on 2 August 2019 who crashed his Metromix Concrete mixer truck into a crash barrier nearby.

 

 

 

Oddly, Council gave Metromix the concrete contract, but not to properly replace the damaged barrier, but to construct new concrete curbing.  Well, it’s one way to get a council contract, s’pose.  Two years later though in August 2021.  The verge is full of weeds.  Welcome to The Gully.

 

 

 

We do monitor the ongoing damage in The Gully in Katoomba, a gazetted heritage place since 2002, and our surrounding historical North’s Estate streetscape dating back to 1876 and heritage listed.  We’ve been based here since 2001.

 

 

 

 

 

Dead fox found near Braeside Track, Blackheath, Blue Mountains in 2006

There was no sign of it being shot.  Was it baited?

(Photo by Editor, 20060722, free in public domain, click image to enlarge)

.

In June 2012, Gerry from Hazelbrook in the Blue Mountains west of Sydney wrote in the local Blue Mountains Gazette newspaper:

“Our  place backs on to bushland.  The other morning I was looking out the kitchen window and I saw two foxes just beyond our back fence, ambling along, very relaxed, looking like they owned the place.  They were large, and looking extremely well fed.

A few days earlier I had seen a very large feral cat stalking prey in the same area.

Question: whose brief is feral animal control in the Blue Mountains, and what to they actually do about the problem?”

[Source: ‘Who is responsible?’, (letter to the editor), by Gerry Binder, Hazelbrook, Blue Mountains Gazette, 20120627, p.4]

.

Well, no one from the authorities responded to Gerry in the newspaper.

So who is responsible for fox control across the Blue Mountains?   One would be inclined to consider the local Blue Mountains Council, or the regional National Parks and Wildlife Service (NPWS)  if the fox is in the National Park.

A phone call to Blue Mountains Council today revealed that the Council does not get involved in feral animal control.  It has no policy or strategy to deal with the fox problem, or indeed with feral predation in the Blue Mountains local government area (LGA).

This area comprises two east-west human-settled corridors through the central region of the Blue Mountains: (1) along the Great Western Highway (including Hazelbrook) and (2) along the Bells Line of Road.   Both corridors are surrounded and upstream of the UNESCO-listed Greater Blue Mountains World Heritage Area.

According to the Blue Mountains Council, feral animal control across the Blue Mountains, outside the World Heritage Area, is handled by the New South Wales Government Department, the Livestock Health and Pest Authority.  So to answer Gerry’s question above, if anyone has an issue with foxes outside the World Heritage Area, don’t contact Blue Mountains Council, but instead contact the the Livestock Health and Pest Authority (LHPA).

The LHPA has geographically divided the Blue Mountains region into two serviced districts.  From Bullaburra east back toward Sydney, the Cumberland Livestock Health and Pest Authority based at Camden takes an interest (Tel: 02-6331 1377).  From Wentworth Falls west to Bathurst, the Bathurst Livestock Health and Pest Authority based at Bathurst takes an interest (Tel: 02-4655 9165).

The Livestock Health and Pest Authority (LHPA) is primarily tasked with safeguarding agriculture from threats – such as feral predation, insect control, livestock disease prevention and health.  It has sixty offices across NSW and works with rural producers, government and industry to safeguard agriculture in NSW.  The LHPA operates under the Rural Lands Protection Act 1998 (NSW) and is ultimately accountable to the NSW Minister for Primary Industries.

Strangely enough, the LHPA has NOT listed foxes as ‘declared pests’ in NSW.  It does list wild rabbits, wild dogs, feral pigs and locusts as declared pests.   The reason is one of jurisdiction and legal delegation.  The LHPA is primarily charged with safeguarding agriculture, not safeguarding native habitat and fauna.  It classes foxes and mice merely as ‘nuisance animals’ throughout New South Wales and states that there is no legal obligation for a landholder in NSW to control foxes or mice.   LHPA only provides control advice and assistance to rural property owners.  So in relation to fox control, the LHPA is more token and lip service.  Blue Mountains Council adopts a complete cop out approach to the fox problem across the Blue Mountains.

From its brochure on foxes, the control methods LHPA adopts for fox control are:

1. 1080 poison (sodium monofluoroacetate) – a cruel and indiscriminate poison, that kills slowly (carnivores up to 21 hours) causes pain, suffering, trembling, convulsion and vomiting.  It is banned in most countries because it is considered inhumane, but still used across Australia.  [Read More: ^http://www.wlpa.org/1080_poison.htm]
2. Rubber jawed leg hold traps
3. Mesh cage traps, which seem the most humane option.

[Source:  Livestock Health and Pest Authority website, ^http://www.lhpa.org.au/pests]

.

This is its public brochure on foxes and note that shooting is not mentioned as an option:

LHPA Brochure on Foxes

[Source: ^http://www.lhpa.org.au/__data/assets/pdf_file/0016/434014/Final-foxes.pdf]

.

A week after Gerry’s letter, on the front page of the Blue Mountains Gazette ran the story of a Burns Road resident in nearby Springwood discovering that his cat Sam had been caught in a wild dog trap.  Sam’s legs had been broken by the trap and he was euthanised as a result.   The article in the paper stated that the Blue Mountains Council and  National Parks and Wildlife Service were jointly undertaking a trapping programme in the Blaxland to Springwood area after receiving complaints about wild dogs.  Traps has been set along a fire trail to catch the wild dogs.     [Source: ‘Sad end for Sam’, by Damien Madigan, Blue Mountains Gazette, 20120704, p.1]

Rubber Jaw Leg-Hold Trap

.

That the cat was roaming in the bushland down a fire trail, suggests that it may well have been preying on wildlife as well.  What is the difference in wildlife impact between that of a targeted wild dog, and a companion cat that is roaming wild in bushland?  That the trap broke the cat’s legs meant that the control method was not humane.  It also means that trapping, like poisoning is an indiscriminate form of feral animal control.  So herein lies a challenge of feral predator control.

Native Dingo caught in a rubber jaw leg-hold trap

It confirms that trapping is indiscriminate

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In May 2011, Paul from Winmalee in the Blue Mountains, with his stated background in wildlife conservation, wrote in his letter in the Blue Mountains Gazette that shooting feral animals as a conservation measure is a largely inefficient way to control foxes.  “The National Parks and Wildlife Service has done studies showing that shooting/hunting feral animals has minimal affect (sic) on their numbers”, he said.      [Source: ‘Not conservation’ (letter to the editor), by Paul Bailey, Winmalee, Blue Mountains Gazette, 20110511, p.8]

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Recreational shooting of feral animals can attract the wrong mentality

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Back in July 2011, a local Blue Mountains resident, ‘Don’, asked in his email to The Habitat Advocate “would you like to give some coverage to the lack of ongoing fox control around Katoomba?”   Don clarified in his email:

“Quite a good effort was made about 3-4 years ago (2007-08) and for about 18 months afterwards there was no sign of foxes but, as happens all too often with the bureaucratic model of pest animal control, there was no ongoing effort and foxes are now back in serious numbers, as can be detected by direct sightings, tracks and scats.

We have noticed huge losses amongst wood duck especially (the ducklings are very vulnerable to fox predation) and the swamp wallaby population is no-where near what it should be. In fact, observable wallaby numbers are down on what they were ten or fifteen years ago.

The cost of control programmes is obviously an issue. Unfortunately, due to the parasitisation of the environmental movement by animal rights folk, self-sustaining control measures such as the commercial exploitation of foxes for their skins is no longer pursued. If that remains the case, can we realistically expect the politicians ever to find the money for ongoing effective fox control, given the competing environmental considerations, not to mention budgetary issues such as mental health, which is sorely languishing?”

Feral Foxes are healthy across the Blue Mountains

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Don’s request happened to be our very first request for onground action and so we shall stay by Don and see that his very legitimate request is pursued.

Our understanding is that across the Blue Mountains region, there are three categories of land ownership/control which would be impacted by fox predation:

1. The Greater Blue Mountains World Heritage Area
2. Council lands spread across 8 multiple Local Government Areas (LGAs) of:
   1. Blue Mountains
   2. Lithgow
   3. Oberon
   4. Wollondilly
   5. Hawkesbury
   6. Muswellbrook
   7. Singleton
   8. Mid-Western Regional (Mudgee)
3. Private land including urban, rural, farms and to a small extent, mining leasehold land

Greater Blue Mountains World Heritage Area

(Source: New South Wales then Department of Environment and Climate Change, 2007)

(Click image to enlarge)

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The custodial responsibility for managing the natural values of the Blue Mountains World Heritage Area is the Australian Government.  The area totals roughly 10,000 square kilometres (1.03 million hectares) of sandstone plateaux, escarpments and gorges dominated by temperate eucalypt forest.   It comprises eight protected areas:

1. Blue Mountains National Park
2. Kanangra-Boyd National Park
3. Wollemi National Park
4. Gardens of Stone National Park
5. Yengo National Park
6. Nattai National Park
7. Thirlmere Lakes National Park
8. Jenolan Caves Karst Conservation Reserve

‘Blue Mountains World Heritage Area’

Listed by UNESCO in 2000 for its unique and significant natural values

(Photo by the Rural Fire Service)

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Fauna of the Blue Mountains region classified as ‘threatened with extinction’ or ‘rare’ include the Tiger Quoll, the Koala, the Yellow-bellied Glider, the Brush-tailed Rock Wallaby and the Long-nosed Potoroo as well as rare reptiles and endangered amphibians such as the Green and Golden Bell Frog, the Blue Mountain Water Skink  and the Broad-headed Snake and endangered birds like the Regent Honeyeater.    The largest predator of the region is the Australian Dingo to which its natural prey in the region is the Grey Kangaroo and various subspecies of Wallaby, other macropods, small marsupials and reptiles.

Tiger Quoll   (Dasyurus maculatus)

Also known as the spotted-tail quoll (which we consider a rather naff politically correct name)

An endangered carnivore, native to the Blue Mountains and competing with the Dingo and feral fox as the top order predator of the region

(Photo by OzTrek)

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The feral fox, being carnivorous, poses two types of threats to wildlife across the Blue Mountains region.  It preys on small ground dwelling animals and reptiles.  It also competes for prey with the Tiger Quoll and Dingo.

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Greater Blue Mountains World Heritage Area – significant natural values

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The Australian Government has outsourced and delegated its custodial responsibility for managing the natural values of the Blue Mountains World Heritage Area to the New South Wales State Government, which has in turn delegated the responsibility to one of its departments, the New South Wales National Parks and Wildlife Service (NSW NPWS).

At the time of writing, the NSW NPWS, is part of the Office of Environment and Heritage (OEH), within the NSW Department of Premier and Cabinet.  One has to check every four years or so, because the department changes its name that frequently.  This is the current website, but that could change too: ^http://www.nationalparks.nsw.gov.au/about

The regional office of the NSW NPWS is located in Katoomba in the Blue Mountains.

Conservation management of the Blue Mountains World Heritage Area, including feral animal control, is guided by a number of documents.  Pertinent to the fox predation threat, the Blue Mountains World Heritage Area listing includes World Heritage natural values worth conserving and protecting under World Heritage Natural Criterion 44 (a)(iv):

“…contains the most important and significant natural habitats for in-situ conservation of biological diversity, including those containing threatened species of outstanding universal value from the point of view of science or conservation…”

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[Source: ‘The Greater Blue Mountains Area – World Heritage Nomination‘, 1998, prepared by the New South Wales National Parks and Wildlife Service in association with Environment Australia, p 30, referencing World Heritage Operational Guidelines 1998, ^http://www.environment.gov.au/heritage/places/world/blue-mountains/pubs/gbm-nomination.pdf  [>Read Nomination‘  5.7MB, PDF]

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Pertinent to fox predation threat, The Blue Mountains World Heritage Area meets World Heritage Natural Criterion 44 (a)(iv) by it including significant habitats for in situ conservation of biological diversity, taxa of conservation significance, exceptional diversity of habitats providing outstanding representation of the Australian fauna within a single place.  These include endemic species, relict species, species with a restricted range, and rare or threatened species (40 vertebrate taxa – including 12 mammal species) and examples of species of global significance such as the Platypus (Ornithorhynchus anatinus) and the Echidna (Tachyglossus aculeatus aculeatus).

[Source: ‘Greater Blue Mountains World Heritage Values‘, Australian Government, Department of Environment et al., ^http://www.environment.gov.au/heritage/places/world/blue-mountains/values.html , accessed August 2012]

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Threat Abatement Plan – Predation by Foxes

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In 1999, the Australian Government’s Department of Environment et al. published a threat abatement plan (TAP) which established a national framework to guide and coordinate Australia’s response to the impacts of European red foxes on biodiversity.  It sought to comply with Australia’s Endangered Species Protection Act 1992 to promote the recovery of species and ecological communities that are endangered or vulnerable, and to prevent other species and ecological communities from becoming endangered.

In Schedule 3 of the Act, Predation by the European Red Fox (Vulpes vulpes) is listed as a key threatening process.  The focus of this plan is on the actions required to reduce the threat posed by foxes to endangered or vulnerable species or ecological communities.

It concluded that ‘eradication of foxes on the mainland is not possible‘ and so settled for methods to reduce fox numbers and predation on wildlife in significant areas. The fox abatement plan aimed to reduce the impact of fox predation on native wildlife over a 5-year period by:

The Australian Government’s funding to implement the plan was to be primarily through funding programmes of the Natural Heritage Trust.

The ideal of the Fox Threat Abatement Plan was to eradicate foxes, which seems fair enough.  To achieve fox eradication it proposed:

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However, because foxes had become so well established across a vast area, the plan pre-concluded that complete removal of foxes from Australia was well beyond the capacity of available techniques and resources.  Saunders et al. (1995) reviewed current knowledge on techniques for suppressing fox populations including poison baiting, shooting, trapping, hunting with dogs and fumigating dens.  The review concluded that, with the exception of broad-scale baiting, the existing control methods are expensive, labour intensive, require continuing management effort and can be effective in only limited areas.

[Ed:  This reads as a self-fulfilling ‘too-hard basket’ prophecy by bureaucrats.  Do nothing, and for sure, nothing will happen]

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Baiting

The fox abatement plan considered that in most situations, poison baiting (using 1080 poison) was the most effective method of reducing fox numbers and impact.  However, it acknowledged the negative impact on non-target species.  “A major drawback is that it may affect native carnivores and scavengers such as dingoes, quolls, goannas and some scavenging birds, and also domestic dogs.”  Whoops.

“Aerial baiting of foxes has been demonstrated to be an effective method of control for covering large areas provided the risk of non-target bait uptake is minimal.”

Sounds the kind of spiel akin to the CIA about its collateral damage in Vietnam with its Agent Orange sorties.   Well Western Australia is happy to use aerial baiting of 1080 over large areas (up to three million hectares) and has been shown to dramatically reduce fox numbers.  Apparently, it has had minimal impact on populations of rare species because the native fauna somehow have a higher resistance to the naturally occurring 1080 poison found in native plants.  Mmm, where is the proof?

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Biological Control

This was more conceptual a strategy, since no current pathogen yet exists that is virulent, humane and specific to foxes and not transferable to other species.  The idea is that by targeting fox fertility, an effective long-term approach to reducing their numbers can be achieved.  Fertility control is still at an experimental stage of development. It has not been successfully applied to a free-ranging population of wild vertebrates over a large area nor has it been attempted as a method of reducing the impacts of predation on an endangered or vulnerable species.   Methods of fertility control include hormone treatment and sterility (immunocontraceptive technology).  However, some scientists and wildlife managers remain sceptical about the likely success and effectiveness of this approach (Carter, 1995). The obstacles to achieving a workable method are formidable and include:

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Barriers to Fox Invasion

Fences have been proposed as a component in conservation management programs to protect endangered species from predators such as foxes and cats.  A large range of fence designs has been used to exclude foxes from particular areas but there is little information on the effectiveness of particular designs.

A recent review of predator-proof fencing in Australia (Coman and McCutchan, 1994) found that although fences can be a significant barrier to foxes, even the most elaborate can be breached. Frequent monitoring for the presence of foxes inside the fence is an essential precaution as considerable damage can be caused by a single fox breaching the fence.

Shortcomings of fences include posing a hazard to non-target wildlife, restricting the natural ability of native animals to disperse, the high cost of predator-proof fencing and the necessary maintenance costs for it to be effective.   However, recent studies at Shark Bay, Western Australia have found that a combination strategy of fencing, baiting, trapping along with a combination of natural water barriers, can be effective fencing on peninsulas (Department of Conservation and Land Management, 1994).

[Ed: Question is did it adversely affect non-target native species?     One could incinerate the entire landscape, defoliate it, concrete it so there may be not foxes left, but then no wildlife as well.  This seems consistent with West Australia’s simplistic blanket one-size-fits-all approach to environmental control].

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Habitat Management

In environments with dense vegetation, steep topography, rocky crevices or extensive wetlands, prey are less likely to be caught by foxes (Saunders et al.et. al. 1995).  [Ed: This would seem to describe the Blue Mountains landscape with its many impassable escarpments]

The foraging efficiency of foxes seems to be maximal in open habitats where they are able to range widely and freely. They readily use roads, tracks and other cleared access ways through denser vegetation or complex topography.  [Ed:  This has been encouraged by the frequent fire regime of the Rural Fires Service and NPWS to remove thick vegetation labelled as ‘fuel’].

Arboreal marsupials become vulnerable when they descend to the ground to move between trees. A continuous canopy and a thick understorey of shrubs enable them to move about in the trees where they are not at risk from fox predation. An important conservation strategy for some situations will be to minimise habitat fragmentation and to investigate options for fire, grazing or other management practices which do not destroy ground habitat.

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Fox Bounties

Reviews of the history of fox management in particular (Braysher, 1993; Saunders et al.et. al. 1995), concluded that fox bounties have rarely been effective.  There is little evidence, except occasionally and in small areas, that hunting of foxes has a significant or lasting impact on fox numbers or the damage they cause. Where private land adjoins or contains important wildlife habitat, assistance or encouragement to landholders and the development of incentives to promote fox control on private land may be appropriate, especially if the property forms part of a buffer zone to protect threatened species populations.

[Ed:  This is a scientific lesson for the current NSW OFarrell Government in light of its recent decision to counter legislate for hunting in 79 National Parks across the State for supposed feral animals like foxes]

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[Source:  ‘Threat Abatement Plan for Predation by the European Red Fox‘, Biodiversity Group Environment Australia, 1999, Australian Government’s Department of Environment et al.,  ^http://www.environment.gov.au/archive/biodiversity/threatened/publications/tap/foxes/index.html]

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Blue Mountains Urban Fox Programme (2003)

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In 2001, the NSW NPWS published its ‘Fox Threat Abatement Plan 2001′.

This is it:   >’NSW Threat Abatement Plan – Predation by the red fox (Vulpes vulpes), December 2001‘   (PDF, 930kb)

Then in 2003, the NPWS along with the Blue Mountains Council and other government agencies commissioned a public survey using a questionnaire method to gauge public perception about the impact of foxes across the Blue Mountains.  An external consultant as engaged and a committee formed, the Blue Mountains Urban Fox Steering Committee‘. 

The survey found that foxes were indeed considered a problem in the Blue Mountains.   In January 2004, published in the survey results included was that 64% of those surveyed considered foxes to be a major problem.  The impact of foxes was 30% domestic animal impacts, 12% wildlife impacts, and 6% property damage impacts.  53% of respondents felt that not enough was being done to manage foxes in the Blue Mountains townships and surrounding natural areas.

And so the assembled committee prepared a strategy document on the management of ‘urban foxes’ and some education material.  But it wasn’t to control foxes…

“The top two priorities of this strategy are for:

• community education
• local research on foxes and their impacts.

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It was a bureaucratic waste of time so that Blue Mountains NPWS could be politically seen to be thinking about doing something about foxes.   The gain was corp0rate-political for NPWS Blue Mountains Senior Ranger, Chris Banffy, to be seen to be doing something on paper, but nothing on the ground, financial gain for the engaged Pest Management Consultant, Nicola Mason.

True to consultant form there was the big survey, survey advertising, data collation, published results in January 2004 and a follow up community workshop on 26th March 2004.

Yes, there was community education published in May 2004.  It took the form of another two page A4 brochure.  Here it is, as two scanned pages.

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Community Education Page 1:

Click image to enlarge and read

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Community Education Page 2:

Click image to enlarge and read

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And of course, NPWS did nothing about the Blue Mountains confirmed fox problem.  It just built a bigger library of reports.

Was it due to lack of funding or lack of direction from Environment ministers.  Or perhaps it always just a token public servant ‘look busy’ project to be seen to be thinking about doing something to justify one’s cosy job perpetuation?   Certainly to the foxes of the Blue Mountains, it was business-as-usual and they saw nothing from the entire exercise.

And still the fox threat continues unabated

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The whole project was a steaming scat, perhaps one of the better construed abuses of taxpayer and ratepayer funds of the Blue Mountains in living memory.

In 2006, the NPWS then umbrella department called the ‘Department of Environment and Climate Change (DECC) in its ‘State of the Environment Report 2006′, Chapter 6 on Biodiversity, reported on ‘ Terrestrial Invasive Species (Section 6.4).  It acknowledged the feral predation problem, combining it with the weed problem:

“Invasive species remain one of the greatest threats to biodiversity in New South Wales. Over half of all the key threatening processes listed relate to invasive species.  Once invasive species become widely established, few can ever be eradicated, and controlling them must focus on strategically limiting their impacts on biodiversity.  The main vertebrate pests in NSW have been present for the last century, with many widespread across the State.

Predation by foxes and cats is implicated in the decline or extinction of numerous small- to medium-sized animals. Herbivores, particularly rabbits and feral goats, are responsible for overgrazing of native vegetation and land degradation.   Some 1350 exotic plant species have become established in NSW, more than 300 of which are significant environmental weeds.  New pest species continue to become established in the environment. Combining prevention, early detection and eradication is the most cost-effective way to minimise the impacts of new pests.”

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DECC listed ‘Introduced Terrestrial Species’ (Ed: a fancy name for feral foxes and cats, etc) as a key bio-indicator of National Park health, with pest animals having a devastating impact on biodiversity. Predation by feral cats and red foxes had contributed to regional declines and the extinction of a range of native species, particularly among small-to medium-sized ground-dwelling and semi-arboreal mammals, ground-nesting birds, and freshwater turtles (Dickman 1996).

DECC recommended better coordination efforts across jurisdictions to target control efforts for species listed as key threatening processes, and research into more effective and target-specific control methods, such as biological control.   It prepared a NSW Threat Abatement Plan (TAP).  It prioritised feral cat control based on a review of the evidence of cat impacts, and little mention of foxes.  The threat abatement strategy was “Research…Develop and trial a cat-specific bait that will ensure non-target species are not impacted.”

[Source:  New South Wales Government’s Department of Environment et al., 2006,  ^http://www.threatenedspecies.environment.nsw.gov.au/tsprofile/pas_ktp_profile.aspx?id=20008]

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Then three years hence in 2007, the NPWS fox survey report was getting a tad stale, so NPWS did another survey and another report.  The Katoomba NPWS regional office this time was aggregation feral animals with weeds, and calling the lot ‘pests’.   It was drafting its ‘regional pest strategy’ and foxes were now grouped with weeds.   It asked for community input, but like most government strategies, they stopped short of funded action to do anything except generate another report confirming a problem that needed to be addressed.  This is the report:

[>’Blue Mountains Pest Strategy (NPWS 2007-2011)‘  (PDF, 1.7MB]

 

In 2008, the Australian Government’s ‘1999 Fox Threat Abatement Plan‘ was superseded by the Australian Government’s ‘2008 Fox Threat Abatement Plan‘.

Read:  The ‘2008 Fox Threat Abatement Plan (Background)‘  [PDF 138kb]

Read:  The ‘2008 Fox Threat Abatement Plan (Report)‘  [PDF 148kb]

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In 2010, the NSW NPWS published its ‘Fox Threat Abatement Plan 2010′.

This is it:   >’NSW Threat Abatement Plan – Predation by the red fox(Vulpes vulpes), December 2010‘   (PDF, 390kb)  ^http://www.environment.nsw.gov.au/resources/pestsweeds/110791FoxTAP2010.pdf

 

Ed:   Another year another plan, nothing done, ongoing fox predation, less wildlife.

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We end here as we began, with a last word from a concerned reader, which succinctly tells it as it is:

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‘Act now to save native wildlife or it’ll be too late‘

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“This letter is an appeal on behalf of all our endangered native creatures being destroyed by the ever-increasing numbers of feral animals.

The Federal Government estimates there are 18 million feral cats roaming our countryside killing our unique marsupials and birds in numbers that equate to a massacre.  There are also countless numbers of foxes doing their best to wipe out our wildlife.  And those are only two of the dreadful “invasive” animals, as the Government calls them.  There are also cane toads, carp, pigs and goats.

Unfortunately for our native creatures there is not a politician in Australia who seems to be interested in this matter.  They will jump up and down about whales, but ask them to show some interest in our native wildlife and they are struck dumb.  If you ask the political parties they will say they have policies to solve these problems but that is empty rhetoric.  No one is doing anything constructive to address this problem.

In the case of feral cats, I am advised that governments have access to a number of viruses that could be used with some success but I can only surmise these brave politicians are afraid of a backlash from the “domestic cat lobby”, even though there are vaccines available to protect pet cats.

The only party that I thought might show an interest in this problem, the Greens, hides behinds a screen of policy statements that means absolutely nothing unless implemented with some positive action.

Perhaps someone with some interest in this terrible problem and who has the clout to do something about it might start the ball rolling to protect our native wildlife.  Otherwise future generations of Australians may see our brilliant birds and fascinating marsupials only in zoos.

[Source: ‘Act now to save native wildlife or it’ll be too late‘, (letter to the editor) by Neville Ridge, Bowral, Sydney Morning Herald, 20090110, p.24]

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…well perhaps not the last word…

Fox Predation – unequivocal results

Roland Van Zelst, left, Rene Mooejkind and Darren Bain with their night’s haul.

(Photo by Lee Griffith)

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Hundreds of foxes and other feral animals have been culled in agricultural regions across WA to protect livestock and native animals from the destructive pests.

At the weekend, hundreds of farmers and scores of volunteers took part in the annual Red Card for Red Fox drive which encourages rural communities to bait and shoot foxes.

The cull will resume on the March 20-21 weekend.

Now in its eighth year, the Red Fox Drive aims to reduce Australia’s seven million-strong fox population. During the cull weekends, agricultural communities also target feral pigs, cats and rabbits.  In the community of Wandering, 120km south-east of Perth, locals culled 140 foxes, nine feral pigs, 12 feral cats and 43 rabbits.

Co-ordinator Lisa Turton said the aim was to keep the fox population at a manageable level.

“We will never be able to eradicate the foxes,” Ms Turton said.  “But we need to ensure that their populations are low because they do get to the young lambs and they target the native birds and marsupials.” Foxes eat an average of 136kg of food a year, including lambs, mice, rabbits and many species of native animals.

Ms Turton said those participating in the drive were not “cowboys” with guns but instead followed strict guidelines.  “Everybody who takes part must do so on their own land,” she said.  “We don’t just go out on the road and start shooting. We do this to protect the native species.”

Last year, 5000 foxes, 230 feral cats and 2500 rabbits were shot over the four weekends throughout WA.

[Source: ‘Shooters take aim at feral foxes to preserve livestock’, by Lee Rondganger, The West Australian, 20100222, ^http://au.news.yahoo.com/thewest/a/-/newshome/6834199/shooters-take-aim-at-feral-foxes-to-preserve-livestock/]

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…one more …

The result of just one cull – the scale of the fox problem is rife!

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“They only got one cat.

These animals do have feelings.

However, they don’t belong on this continent.

The native fauna is ill-prepared to deal with their depredations.

And the only way to save many species of native Australian wildlife is to create areas that are free of foxes and cats.

The only way to do that is to kill them.

They shouldn’t be tortured when they are killed. A single killing shot will do.”

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[Source:  ‘Fox and cat cull in Australia’, by ‘Retrieverman’, 20110929, ^http://retrieverman.wordpress.com/2011/09/29/fox-and-cat-cull-in-australia/]

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Footnote

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Response from the Livestock Health and Pest Authority  20120914:

 

Livestock Health and Pest Authorities (LHPAs) are responsible for administering and enforcing the Rural Lands Protection Act 1998 (RLP Act), which governs the control of declared pest animals in New South Wales (NSW). Animals declared as pests include; feral pigs, wild dogs and European wild rabbits. The declaration of the species as pests requires landholders to control them. Other animals such as foxes, goats and deer are feral and considered pests by many people but the legislation doesn’t require landholders to continually control them.

There are many reasons why these other species of feral animals are not declared pests such as, restricted control options (in the case of fox control), public perception, potential financial value and even recreational value. Therefore the control of these species essentially lies with the landholder to determine whether they need to control them based on impacts caused by the species not because the landholder is legally required to. For example, foxes preying on lambs on an agricultural property, or foxes preying on an endangered species in a National Park.

LHPAs are a statutory authority funded via a rating system whereby landholders with 10 hectares or more pay compulsory rates to the LHPA. LHPAs provide assistance to these landholders in relation to livestock health and pest animal control. LHPAs also provide much greater benefit to the general community through livestock disease surveillance and disease control, and the coordination of pest and feral animal control programs on LHPA rateable and non rateable land.

LHPAs cannot simply declare animal species as pests under the RLP Act. This decision is made by government and LHPAs enforce the legislation set by government. Despite this, LHPAs are involved in coordinating numerous fox control programs around NSW for both agricultural and environmental benefits.

Legal restrictions on pesticide use and restrictions on other control techniques present challenges for landholders in implementing effective fox control. There are restrictions on the distance baits must be laid from houses, a requirement to notify all people who are within 1km of bait sites, and those laying the bait require a training qualification to use and store the pesticide known as 1080. This presents a problem with implementing fox control along the urban and peri-urban corridor along the Great Western Highway in the Blue Mountains.

LHPAs do not set these restrictions. These are set in Pesticide legislation and regulated by the Environment Protection Authority (EPA), and are in place for valid reasons such as reducing the likely impact to animals like domestic dogs which are very susceptible to 1080. LHPAs must however ensure that the restrictions can be observed and applied by the person laying baits to ensure that it is used safely and effectively whilst minimising risks.

1080 is a very effective poison to control carnivores and is very target specific contrary to what many people are led to believe. It is a naturally occurring chemical in Australia and as a result of this many of our native species, particularly birds and reptiles have high natural tolerances to 1080.

Rubber jaw leg hold traps for foxes and wild dogs is effective but generally very labour intensive and require specialised skills. Cage trapping is considered ineffective and only occasionally results in success. Baiting is generally used to reduce populations significantly and trapping is utilised as a secondary technique which aims at maintaining populations at a low level.

The Blue Mountains World Heritage Area (BMWHA) is an enormous area much of which is completely inaccessible. Despite a history of control programs, pest and feral animals are still present, even if in low densities due to the success of control programs. On mainland Australia, despite developments in control techniques, research and understanding of feral and pest animal biology, we are yet to eradicate an introduced vertebrate pest species.

Due to budgetary constraints pest and feral animal control has become much more strategic over the last decade. Pest control is being prioritised based on impacts caused by a particular species whether it is a feral or a declared pest and programs have become highly coordinated to get the most effective results with the available resources. Coordination has involved the establishment of working groups, one such example is the Oberon feral pig and wild dog working group which largely covers most of the BMWHA and includes representatives from various government departments and private landholders who work together to coordinate and implement programs which provide joint benefit to agriculture and the environment.

Pest control can be a sensitive issue and although it may seem little is being achieved, there are a number of programs being implemented particularly in the BMWHA which is a significant conservation area with unique values. The urban corridor through the middle of it adds to its uniqueness but also presents many challenges one of which is pest management. Urban fringe areas generally support higher densities of some pest animals, namely foxes, as we provide them with ideal opportunities to prosper such as food and harbour which are the fundamentals for their survival. We do this without even realising for example, leaving food out for dogs or keeping poultry in our backyards. These are simple examples that are highly attractive to foxes and they can’t resist and won’t refuse them.

Community education and responsible domestic animal keeping is the key to eliminating most of the problem. Pest and feral animal control is a landscape issue and therefore everyone’s problem, not just government. LHPAs will continue to assist landholders and coordinate control programs working within the legislation to ensure that pest control is target specific and effective in providing benefits to agriculture and the environment.’

 

Steve Parker

Ranger

Cumberland Livestock Health and Pest Authority

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Illegal dumping in The Gully, Katoomba, Blue Mountains

Reported to local council and promptly removed by local council.

(Photo by Editor 20060702, image free in public domain, click to enlarge)

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Illegal dumping is not unique to the Blue Mountains, but it continues to be an ongoing problem in this populated area that is situated upstream of the internationally valued Blue Mountains World Heritage Area.

Whereas litter is generally individual items of waste products improperly disposed of in the environment, illegal dumping is generally of a larger scale and premeditated.   Both are illegal.

Both are selfish, lazy and disrespectful to society and the environment.   The larger problem of illegal dumping involves the deliberate or unauthorised dumping, tipping or burying of waste on land that is not licensed or fit to accept that waste.   People illegally dump bags of household rubbish, electronic equipment, furniture, mattresses, industrial wastes, construction and demolition materials, garden waste, packaging, tyres, old cars and soil.

It is bad enough that an increasingly populating society that is also increasingly consuming resources is also increasingly contributing to landfill for its waste.  Worse is when that waste is illegally dumped and far worse when it is dumped in places that harm native ecology.

Lawn Clippings dumped at remote Hargreaves Lookout Road,

west of Blackheath in protected bushland, Blue Mountains, New South Wales

(Photo by Editor 20080405, image free in public domain, click to enlarge)

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Illegal dumping is more than just unsightly waste in an inappropriate location.  It not only reduces property values and costs rate payers a substantial amount of money each year to clean up.   Illegal dumping is inherently unnatural which means when dumped in a natural environment, the composition of the waste will have an adverse impact upon the natural ecology – it degrades and spoils local ecology.  The waste does not have to be deemed ‘hazardous’ such as toxic chemicals, paints, solvents, fertilizers, pesticides, herbicides or asbestos for instance.

Lawn clippings and woodchips will cause a moist environment for bacteria and flies to breed and after rain the nutrients will flow and contaminate surrounding soils, vegetation and watercourses.  This can be lethal to vulnerable and fragile flora and fauna, especially in Australia which naturally has low nutrient soils.

Illegally dumped waste can poison the soil and kill vegetation.  The introduced nutrients such as acids will prevent the vegetation from regenerating and dependent wildlife from returning.   Illegal dumping leads to long-term contamination of land, waterways, natural springs and groundwater, particularly when the waste is from an industrial source or contaminated soil.

Subsoil and rubble (left) dumped in The Gully (Katoomba), alongside the old race track

(Photo by Editor 20070310, free in public domain, click to enlarge)

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Illegal dumping can be dangerous to people (broken glass, syringes, nappies and medical waste, and carcinogenic substances like asbestos) but also it can attract rodents, insects and other vermin.  It can provide an ideal breeding ground for mosquitoes and maggots.  It can block waterways and stormwater drains, increasing the potential for flooding and erosion, and it can be a potential fire hazard.

The most common cause of illegal dumping in the Blue Mountains is typically on the side of a road where a motorist has carted the waste by trailer.

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Perhaps it is time to outlaw trailers and to replace them with waste collection services only provided by local council. 

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After all, if there is no means available to cart waste except by hand, the volume of illegal dumping will be reduced and the ability of illegal dumping to be away from residential areas and in natural areas will also be reduced.

Of course trucks can cart larger quantities of waste, but fewer people have access to trucks.  This does not mean that greater regulation cannot be imposed on truck drivers.  Perhaps every truck load needs to be registered and inspected by local council authorities, or an effective penalty imposed – say $5000 or a custodial sentence.

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Whatever an effective mix of solutions, unless governments are serious about addressing the problem, illegal dumping shall continue unabated.   

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Lenient law enforcement or the absence thereof, contribute to illegal dumping behaviour – and be clear, we are dealing with a human behavioural issue here.

In 2001, hundreds of tonnes of sand and rubble from the Soldiers Pinch upgrade to the Great Western Highway (Mount Victoria) was dumped by the RTA in The Gully over the top of an Upland Swamp. Permission was given by the Blue Mountains City Council, but without any community consultation.

 Subsequent actions by the Council involved planting on top of the compressed rubble, instead of properly removing it.

(Photo by Editor 20060702, 5 years on from the 2001 dumping little had grown.

Image free in public domain, click image to enlarge)

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Shaping correct responsible behaviour requires a combination of a ‘carrot’ incentive and ‘stick’ deterrent approach.  If waste is collected from households like weekly garbage, then the incentive for illegal dumping is reduced.  Why go to the trouble of driving somewhere to dump when it can be collected from your residence?  Similarly, if the cost of collection is low, the incentive to utilise the collection service is stronger.

As the cost of landfill fees is rising due to reducing number of suitable tip sites, some people in order to avoid disposal fees at landfills will choose to illegally dump to save money.  the risk of getting caught is low and this is the core problem in trying to change this bad behaviour.

Over 20 tonnes of rubble dumped in The Gully by Sydney Water as part of its Sewerage Amplification Project in 2005

(Photo by Editor 20120624, free in public domain, click image to enlarge)

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Penalties for illegal dumping vary around the country.  For instance, in Queensland under its Waste Reduction and Recycling Act 2011, there are a range of offences for litter and illegal dumping from $200 on the spot fine for littering through to $16,500 for illegal dumping of large domestic items such as fridges, garden refuse and construction material.

[Source: Townsville City Council, ^http://www.townsville.qld.gov.au/resident/environment/Pages/litter.aspx]

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But most offenders do not get caught because the scale of monitoring is unwieldy and practically ubiquitous.

In Victoria , a landfill levy on all households has helped to fund a dedicated Illegal Dumping Strike Force team as part of the Environment Protection Authority in that State.  It’s tasks are to support businesses to understand their legal requirements for managing waste and recyclable material, work with its council partners and other government agencies to share intelligence about dumping offences and hotspots, and to investigate and enforce against incidents of large-scale industrial waste dumping.

[Source: Victorian Government’s Environmental Protection Authority, ^http://www.epa.vic.gov.au/waste/prevent-illegal-dumping/default.asp]

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Household garbage illegally dumped in The Gully near the South Katoomba Rural Fire Brigade, July 2012

(Photo by Editor, 20120703, free in public domain, click image to enlarge)

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In the Hunter Valley of New South Wales, the Hunter and Central Coast Regional Environmental Management Strategy (HCCREMS) in its Illegal Dumping project is seeking to address illegal dumping in the region through a range of new initiatives.

• Designing and trialing a number of enforcement campaigns to gain further data on illegal dumping ‘hot spots’ and determine effective campaign styles
• Trialing different illegal dumping deterrence methods (barriers, cameras, gates, etc) to determine their effectiveness at stopping illegal dumping
• Collating illegal dumping data, take photographs and coordinate media and community awareness activities.
• Establishing an Illegal Dumping Regional Database using Microsoft Access database software to collate and analyse data collected by councils, from dumping sites.  All incidents are entered into the database, which is linked to GIS and is able to produce maps of the locations in each council area.
• Allowing Councils to use the intelligence generated from the database to determine appropriate and effective inspection patrol regimes and where access control measures can be installed.
• Encouraging all councils to record incidents of illegal dumping on the incident forms developed by the Hunter Regional Illegal Dumping Group and forward these into HCCREMS for entry into the database.
• Illegal Dumping Deterrence Project – trialling deterrence measures including:  motion-sensitive cameras, revegetation, fencing, signage and earth mounds.
• Illegal Dumping Education and Awareness campaign including facilitating media involvement

[Source:  Hunter and Central Coast Regional Environmental Management Strategy, ^http://www.hccrems.com.au/Programs/Environmental-Compliance/Sub-projects/Illegal-Dumping.aspx]

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Sample Record of Illegal Dumping reported to Blue Mountains Council by residents

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Jan 2008:   Dumped Garden Refuse opposite 16 Garden St, Katoomba

To The General Manager, BMCC

Emailed to council@bmcc.nsw.gov.au

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‘Sir,

I request for the removal of dumped garden refuse within a bushland adjacent Carlton Street, Katoomba, opposite 16 Garden Street (located at the corner of Garden St and Carlton St). The garden refuse contains weeds and is near a large rock.

Dumped building waste (opposite a recently built house at 20 Carlton St) and cut down trees are also present within the bushland.

Please see attached photographs.

Also, I recommend that Council arrange for its ranger to inform nearby local residents that it is illegal to dump garden refuse and building waste under the Protection of the Environment Operations Act and cut down trees under the Tree Preservation Order. Garden refuse smothers native vegetation, spreads weeds and increases bush fire danger.

As you will be aware, the cutting down of native trees for firewood reduces habitat and creates wood smoke pollution.’

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Apr 2007:   Opposite Megalong Lodge, 40 Acacia Street Katoomba

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To The General Manager, BMCC

Emailed to council@bmcc.nsw.gov.au

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‘Sir,

I request Council removes a very large amount of dumped garden refuse within escarpment bushland, located adjacent Cliff Drive and across the road from Megalong Lodge, 40 Acacia St, Katoomba.

The dumped refuse is believed to have come from Megalong Lodge, as it is made up of white driveway pebbles, pine needles, Agapanthus and Rhododendron cuttings found on this property. A bush trail in direct line to the property also contains the cuttings. Grass clippings have also been dumped.

Urgent removal of the garden refuse is recommended, since exotic grass is beginning to grow within the escarpment bushland. The dumping was discovered in April 2007. Please see attached photographs.

Also request the ranger to inform nearby local residents that it is illegal to dump garden refuse under the Protection of the Environment Operations Act.    Garden refuse is pollution and smothers native vegetation, spreads weeds and increases bush fire danger.‘

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Dec 2007:   Outside Katoomba Golf Club

To The General Manager, BMCC

Emailed to council@bmcc.nsw.gov.au

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‘Sir,

I request for the removal of dumped grass clippings within bushland at Katoomba Golf Course, opposite 165 Narrow Neck Road, Katoomba. Dumped clippings are located next to the golf course entrance turnstile. The front lawn of 161 Narrow Neck Road had just been mown at the time of discovery of the still green clippings.  Please see the attached photograph.

Also, I request a Council ranger to inform nearby local residents that it is illegal to dump grass cuttings under the Protection of the Environment Operations Act.   Grass cuttings smother native vegetation, spread weeds and increase bush fire danger.’

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Bushcare Rehabilitation Site on a tributary of Katoomba Falls Creek

The Gully, Katoomba, Blue Mountains

This was allegedly ripped up by Blue Mountains Council to accommodate a marathon.

(click photo to enlarge)

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‘The Gully‘ situated in the upper central Blue Mountains of New South Wales (NSW) is a natural creek valley surrounded by the township development of Katoomba, within a corridor and upstream of the Greater Blue Mountains World Heritage Area.

This valley has a disgraceful history of forced eviction of Aboriginal people from their traditional tribal lands by Blue Mountains Council in 1957, of environmental devastation to build a race track in the 1960s, of associated deforestation and commercial tourism exploitation, followed after the racetrack’s rundown and loan default, by many years of ecological neglect.

More recently, despite the efforts of members of the local community to rehabilitate degraded areas and eroded watercourses, a new threat has emerged – ‘Adventure Tourism‘.

Back in 2008, two separate organisations – AROC Sport Pty Ltd and The Wilderness Society NSW (an organisation which should know better) decided to launch respective marathons each through the Greater Blue Mountains World Heritage Area.   They each proposed their respective marathon events with the government custodian of the World Heritage Area, the NSW National Parks and Wildlife Service and since both marathon courses also involved running through community land, they also approached the custodian, Blue Mountains (city) Council.

AROC Sport Pty Ltd proposed its Ultra Marathon with UK outdoor gear sponsor The North Face which it termed ‘2008 North Face 100‘ marathon – a 10okm individual marathon along walking tracks through the Blue Mountains World Heritage Area including through the magnificent Jamison Valley.  The Wilderness Society NSW proposed a similar marathon termed ‘Wild Endurance 100 Blue Mountains‘, also a 100km team-based marathon along walking tracks through the Blue Mountains World Heritage Area including the Jamison Valley.  Both events were publicised as being one off events, but have since become annual events attracting hundreds of competitors and spectators.

In January 2008, The Habitat Advocate learned that these two events had already been approved by the Regional Director of NSW National Parks and Wildlife Service (NPWS NSW), Geoff Luscombe, without apparently any consultation either with the Blue Mountains community nor with any conservation groups that have for many decades had a close association with the Blue Mountains and its conservation.   [BMNP POM:  “A Neighbour Relations Strategy will be developed to raise awareness about the  park’s significant natural and cultural values, inform park neighbours about park management programs and encourage appropriate behaviour to minimise impacts on the park. Within the City of Blue Mountains, “neighbours” will include the whole community.”]

On 20080130, The Habitat Advocate wrote to the Blue Mountains (city) Council’s then Acting Bushland Management Project Officer, Ms Arienne Murphy, explaining our concern:

“The degree of environmental protection and safeguards for these affected natural areas that Council may be imposing upon the respective event organisers, and the trend of adventure tourism and elite sporting events using natural areas of high conservation value is one that warrants appropriate environmental safeguards, monitoring and a transparent decision making process.”

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The Habitat Advocate requested from Blue Mountains (city) Council:

• A copy of the user requirements including any standard terms and conditions that Council issues to (1) casual recreational license holders and (2) ongoing recreational license holders of Council-managed/controlled natural areas in the Blue Mountains Local Government Area.
• A copy of the specific operating terms and conditions relating to the proposed Northface 100 and Wild Endurance marathon events both due to take place around Nellies Glen and through the Jamison Valley wilderness in May 2008.

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The correspondence was ignored by Council and no information was received from Council.

At the time, The Habitat Advocate also raised similar concerns about the risks of damaging ecological impacts and of the unsuitability of these two events through the World Heritage Area with interested representatives of conservation groups – The Colong Foundation for Wilderness, the Blue Mountains Conservation Society, the National Parks Association of NSW, and the Nature Conservation Council of NSW.

Issues raised included:

• To examine and improve the rule that regulate these events
• To identify the location of high conservation value natural communities that the routes of each event propose to pass through
• How the responsible custodian (NPWS NSW) proposes to ensure these communities are not adversely impacted
• To protect and defend the important natural values of the Blue Mountains and the rare and threatened habitat of its flora and fauna.
• The hold the NPWS NSW as custodian of the Greater Blue Mountains World Heritage Area to account under the Blue Mountains National Park Plan of Management (May 2001) [BMNP POM]and in accordance with its mottos of ‘tread lightly’ and ‘take only photos and leave only footprints’.
• Ensure protection of wilderness values and adherence to a wilderness code of conduct to ensure “minimal impact codes or practices for potentially high impact activities
  including cycling, horse riding, adventure activities and vehicle touring”  [BMNP POM, p.52]

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A meeting was held at the office of the Colong Fondation in Sydney on Wednesday 20080206 between The Habitat Advocate, the above conservation groups and with Geoff Luscombe as well as with The Wilderness Society.  The above concerns were raised with Mr Luscombe and he politely gave assurances that both events would not cause damage to ecology.  The key document that would guide the conduct of the events and protect the ecology was the then ‘Interim Policy for Commercial Recreational Activities in National Parks of the Blue Mountains Region‘ (dated 20070926), by the then umbrella department of NSPW NSW, The Department of Environment and Climate Change.

However, no specific recognition, rules or guidelines were made to allow for commercial marathons involving large numver of participants and spectators within either the Interim Policy for Commercial Recreational Activities in National Parks of the Blue Mountains Region nor within the Blue Mountains National Park Plan of Management.

Indeed the Interim Policy includes clauses that run counter the large scale of two such commecvial marathons as per the following extract clauses:

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‘Environmental Protection’:

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Clause 5.1.11:    “Commercial activities will not be permitted to lead to permanent or unsustainable impacts on the resource or become a significant proportion of visitor impact on a site or area.”

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Slashed vegetation for the marathon through The Gully’s swamp, Katoomba

But what is the impact is occurring upon  flora deep in the Jamison Valley Wilderness?

Who monitors the marathons?  Who is the watchdog over the custodian?

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Clause  5.1.13  “The current Minimal Impact Bushwalking Code (Australian Alps National Parks) should be used by operators/guides as a minimum code of behaviour for all activities.” 

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[Ed.  But under NPWS NSW Activity Agreement with AROC Sport, AROC Sport needs only..”Use best endeavours to ensure that participants adhere to the approved route on recognised and approved fire trails and walking tracks within the Park and do not deviate from these trails and tracks at any time.”]

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Clause  5.1.14   “No modification to the environment, permanent or temporary, will be permitted (eg. fixtures or temporary caches) without specific Department approval.”

[Ed.  So where is the NPWS NSW monitoring of compliance, or lack thereof?]

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Cliff Walk slashed along the top of the Blue Mountains Western Escarpment

to accommodate the North Face 100 marathon in 2008

(Photo by Editor 20080517)

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North Face 100 participant runs through a Gully Bushcare Site, previously fenced off and sign posted

This riparian area was disturbed by Sydney Water in 2007 during its Sewer Amplification Project.

The site was subsequently rehabilitated with native plants by Networks Alliance in co-operation with local coucil and the local buschare group.

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‘Recreation Management’:

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Clause  5.1.21  “Commercial activities can only form a minor component of total use and not lead to the domination of a particular setting, site, route or activity, or unreasonably restrict or exclude the recreational opportunity of other users.”

Runners take right of way over bushwalkers

What happens when the marathons are required to stay together in teams?

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Clause  5.1.22  “Acceptable levels of use, in relation to the conservation and protection of the environment, will be based on precautionary principles determined by the Department and this process may not maximise commercial opportunities.”

Northface100 competitors – 1000 registered entrants an “acceptable level of use”?

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‘Appropriate Activities’:

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Clause  5.1.25  “Activities resulting in minimal impact will be preferred over those causing greater impact (eg. track walking versus off-track walking).”  [Ed.  No mention here about commercial marathons involving hundreds of participants]

Does my team have to stick together over the entire length of the trail?
Wild Endurance:  Yes. It is compulsory for the whole team to stay together the whole time. The team must arrive together and depart from each Checkpoint and also cross the finish line together. Of course if you are in the Relay event, then only half the team needs to arrive at each checkpoint and cross the finish line together.

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Clause  5.1.27  “Where impacts associated with activities are high and sites are deemed suitable for recreational purposes, sites may be managed by the Department to provide for intensive use.”    [Ed.  No mention was made by Luscombe about any monitoring and enforcement by NPWS NSW]

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Revisiting the Blue Mountains National Park Plan of Management:

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• The Service will continue to develop its Discovery interpretive program, including investigation of options for improving the quality, quantity and geographic spread of activities offered
• The emphasis will continue to be on environmental interpretation and education and away from hard adventure.
• Recreation Opportunities:  Use by domestic and international tourists is largely day use concentrated on the scenic escarpment areas of the Jamison and Grose valleys, from Wentworth Falls to Katoomba and at Blackheath, although other relatively easily accessible areas are popular for adventure ecotourism (see section 4.3.8 Guided Tours and Commercial
  Recreation).
• With tourism in the Blue Mountains region projected to increase strongly over the next five years, the need to minimise the impacts of tourism on the natural environment is a growing concern.
• Recreation use of the park includes a wide range of activities and is distributed throughout the park…Use is distributed throughout the year, with peaks during school holiday periods and long weekends.
• The park is under increasing pressure from the growing number of park visitors, with some popular bushwalking and camping areas such as the Grose Valley, Wollangambe
  area, the Wild Dog Mountains, Burralow Creek, Erskine Creek, Glenbrook Creek, Ingar and Murphys Glen showing signs of unacceptable environmental impacts.
• Adventure activities such as canyoning, abseiling and rockclimbing have increased dramatically in 56 popularity, with visitation to one popular canyon having doubled over a two year period.  These activities are associated with a proliferation of informal foot tracks which are eroding with increasing use. Vegetation is being denuded at popular abseiling and/or rockclimbing access points and public safety is an issue at some sites, particularly where there is conflict with other users.
• Major management considerations include the need to raise awareness of visitor impacts, to monitor visitor use and, where necessary, to regulate visitor numbers to
  protect the park environment, ensure visitor safety and maintain recreation experiences appropriate to a natural or wilderness setting.
• Regulation of large groups, commercial activities and adventure activities needs to be considered in relation to both environmental impacts and public safety. Use of the park
  by larger groups has the greatest potential to impact on the park. User conflicts, risks of accidents and injuries and impacts on natural and cultural heritage values all rise in
  proportion to the size of the group.
• The existing facilities have been developed over a period of more than a hundred years and are not necessarily compatible with existing design, safety and maintenance standards, may be having an unacceptable environmental impact and/or are inadequate to satisfy existing or projected recreation and tourism demand and patterns of use.
• A major review of existing facilities is required and clearer priorities for maintenance and
  upgrading of facilities or removal need to be developed to ensure that conservation and
  recreation objectives can both be met in a management environment of limited
  resources.
• Natural areas:  Recreation tends to be more dispersed and any facilities provided are relatively low-key compared to the developed areas, catering for a lower level of use.
• Wilderness areas: This setting provides opportunities for solitude and self-reliant recreation.
• Competitive activities including rogaining and orienteering will not be permitted in wilderness areas.

 

“The nominated area has a complicated border, defined partly by adjoining privately owned lands which, in the Blue Mountains Park section, also divides it into northern and southern sections along the corridor of the Great Western Highway. The heart of each Park is reserved as wilderness which totals 54% of the nominated area. ”

[Source: ‘Greater Blue Mountains (world heritage) Area’, United Nations Environment Programme, World ConbservationMonitoring Centre ].

 

The ‘Wild Endurance’ course map passes through the Jamison Valley Wilderness

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‘NorthFace 100’ marathon course map passes through the Jamison Valley Wilderness

“Saturday 19th May 2012:  The 5th Annual North Face 100 will begin at Leura’s Fairmont Resort in the Blue Mountains Australia.

Some 900 runners will embark on a 100km trail race which will take them through Jamison Valley, Narrowneck Plateau, Megalong Valley…”

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Ed:   Is this what custodianship of the Blue Mountains World Heritage Area has become – all about maximising visitation over conservation?

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