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].

 

 

 

[This article’s publishing last updated:  1st January 2026.]

 

 

 

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

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

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

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

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

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

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

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

 

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

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

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

 

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

 

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

 

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

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

 

 

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

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

 

References:

 

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

 

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

 

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

 

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

 

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

 

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

GOODBYE TO THE EXPLORERS’ TREE AT KATOOMBA

 

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

 

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

 

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

 

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

 

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

 

 

Blue Mountains native nursery eviction threat…

by Steven Ridd

 

 

The Habitat Advocate has sadly learned about a governmental threat to evict this much loved and valued local community volunteer-run nursery business in Katoomba in the Australian Blue Mountains region, successfully operating onsite since 1999.

This author learned about this from off the grapevine, else we should have otherwise learned about this news development from reading our local Blue Mountains Gazette newspaper.   Yet, that valued weekly newspaper informing locals about Blue Mountains goings-on has been denied us for some years.  The paper has not been distributed to our Katoomba Falls Creek residential precinct since long before COVID – like for the past 5 years or so!   

An unviable newspaper business model for these times?   One notes that the newspaper’s distribution statistics have been removed from this newspaper’s print masthead for some time (Read a harbinger of the Gazette’s pending closure)

Moving on… a few weeks back a Blue Mountains friend informed us about this news of the nursery, then kindly dropped around his copy of the Gazette issue dated Wednesday 15th January 2025. 

This is the front page article with the legendary Blue Mountains Wildplant Rescue Service (‘Wildplant Rescue’) on the front page we read:

 

‘Eviction day looms for Wildplant Rescue nursery’ 

 15th January 2025, by Jennie Curtin, BMG journalist) 

‘Time is running out for the Wildplant Rescue nursery at Katoomba.

The volunteers have been told they have until the end of April to find a new home, after the owner, the NSW Department of Communities and Justice (DCJ), cited maintenance costs and fire safety issues.  (Author:  aka the landlord’s wanton neglect of this bushland site for decades, and a rubbish slack ulterior motive excuse to flog off the site for profit to a developer for housing – truth telling!)

The department wants to sell the site, which used to be adjoined to the now-closed and re-purposed Clairvaux Children’s Home adjacent and which is in need of repair, restoration and safety features. 

 

The entire Clairvaux Community Services site has long been neglected by the NSW Government for decades.   Dozens of abandoned and vandalised buildings by ACRC snuggled in nativve bushland, now warrant demolition.   They contain asbestos interior fabrication wall lining from the 1970s.

 

 

The cost of setting up elsewhere is beyond the means of the volunteer-run nursery, which rescues local native species from building sites and propagates them as well as other rare and difficult natives.  It sells the plants to home gardeners as well as council, landscapers and Bushcare organisations, providing the income to keep going.

The volunteers are desperately hoping the department changes its mind and gives them a permanent lease on their small section of the site.  The only alternative, said president Verity Harris, is to find a benefactor with deep pockets.   “If there’s a good millionaire out there with a plot of land …” she said hopefully.

The group had talks with council about a possible site during the planning of the old Katoomba golf course precinct. But a spokeswoman for council said “a plant nursery is not a permissible use on this site under the current zoning, and an amendment to the LEP would be required to include this and other additional uses.  That would be a lengthy process including making a submission to the state government and further public consultation.”

The DCJ said it recognised the important service the nursery provides in protecting threatened species but a land condition audit of the site in 2020 found that it was not fit for purpose and was not safe for long-term use because of its fire zone.

DCJ:

“Tenants of the site were notified of the need to vacate the site in 2021 and since then almost all have relocated.  DCJ has not provided formal notification to the nursery to leave the site whilst we continue to assist them to find a new home.”

The nursery has operated at the site since 1998.  Although it receives no funding, Ms Harris acknowledged that DCJ did not charge them for rent or for water and electricity.

One of the difficulties with an unknown future is that no forward decisions can be made.  The group recently spent money on new benches for the plants but don’t want to install them in case they have to take them down.  There is also a greenhouse which is lying unassembled for the same reason.  “The uncertainty is really quite crippling,” Ms Harris said.   Volunteer Frances Scarano said the group only propagates native plants from the Mountains to ensure genetic purity.  “We extend the diversity” of plants grown in Mountains gardens as well as giving wildlife more food and shelter sources,” she said.’

 

 

There’s a local Blue Mountains community story in this.

The above news item conveys more than a harbinger of pending closure; rather it tells publicly (about time, frankly) of an existential threat to the future of the Blue Mountains Wildplant Rescue Service (Wildplant Rescue) not just from its current site, but because it has nowhere else to go, from its very existence – termination of the whole not-for profit business, of its local volunteers and of its support base membership – the lot facing oblivion!   

[NOTE:  An “existential threat” refers to a danger that could lead to the complete destruction or a permanent and severe degradation of something.  It’s a threat to the very being or future potential of something – aka Wildplant Rescue in this case.]

Wildplant Rescue continues to be a long-established successful not-for-profit local business very popular in Katoomba in the Blue Mountains of Australia and founded and run by its volunteers, and with a strong long-standing membership backing. 

Wildplant Rescue photo gallery:

We reckon this eviction threat to Katoomba’s much loved native nursery is yet another example of the distant NSW Government’s bureaucratic insular mindset and its ongoing anti-social culture of destroying local small businesses for the greed of selling off public land (native bushland) that it controls on a entrusted custodial basis on behalf of the community.  This eviction threat is bureaucracy selfishly seeking to profit from more bushland asset sales for inevitable housing development.  It is not good government.   

This closure threat to this unique endemic native plant nursery is unnecessary, unfair, contrary to the departmental landlord (DCJ’s) community focuses, and down right politically motivated by the incumbent NSW Minns Government bureaucracy and his politicians.  The NSW Government’s eviction threat is wrong and unjustifiable.  It’s threatened eviction of Wildplant Rescue is for non-genuine grounds.   Yet hypocritically, the incumbent NSW Minns Labor Government publicly has stated: 

“Landlords could be fined for making up a “non-genuine reason” for punting a tenant under NSW laws to scrap no-grounds evictions”.

[SOURCE: https://www.bluemountainsgazette.com.au/story/8709944/landlords-face-fines-for-non-genuine-eviction-reasons/ ]

 

This has been an election policy of Labor Chriss Minns before the NSW state election on 25th March 2023.   Subsequently, as Premier, Minns is overseeing his own government department, DCJ  as landlord using non-genuine reasons for punting Wildplant Rescue as tenant at the Clairvaux Community Centre site. 

 

DCJ’s Eviction Threat Facts:

(from our research)

1. Wildplant Rescue has been an active nursery business tenant at the site since 1998, so for a continuous 27 years;
2. DCJ has/does not charge(d) Wildplant Rescue for rent, for water nor electricity.  Yet this has been a mutual agreement between landlord DCJ and tenant –  since DCJ has from the outset acknowledged that Wildplant Rescue is a local not-for-profit organisation providing a highly valued community service – rescuing Blue Mountains native plants from development sites, propagation local native plants (including threatened species) and participating in key roles in the local Blue Mountains bush regeneration industry.  Further,  DCJ has over the years seconded the community support of Wildplant Rescue to ’employ’ youth offenders under undergoing criminal rehabilitation within the community, and WildPlant has obliged (although its petty cash box went missing a few times – subsequent measures are that no cash it kept on premises such that so little of it ever was);
3. DCJ for decades has chosen not to maintain its Clairvaux site in outer Katoomba.   It is this systemic bureaucratic failure by DCJ which underlies how now the dilapidated state of the buildings across its owned Clairvaux property site in outer Katoomba has been continually neglected and allowed to deteriorate by DCJ.  (See our recent ACRC photo gallery below); 
4. That DCJ’s outsourced site audit in 2020 reported that many buildings were not fit for purpose, remains wholly the responsibility of the DCJ as ongoing landlord for its systemic neglect of the buildings across the site.  It is no way any fault of the long standing good tenant, Wildplant Rescue;
5. The site is dominated by bushland, so it is in a bushfire zone, but then this is an ideal site for a native plant nursery – juxtaposed next to native bushland.   It  is not an appropriate site for social housing, which would  necessitate many hectares of intact native bushland to be first bulldozed, and considerable environmental harm and cost to DCJ;
6. DCJ’s eviction reasons to Wildplant Rescue are on spurious, non-genuine and unreasonable grounds.   So much for Labor Chris Minns’ no grounds eviction ban election promise.
7. On 24 October 2024 the NSW Parliament passed the (NSW) Residential Tenancies Amendment Bill 2024. The legislation is now the (NSW) Residential Tenancies Amendment Act 2024.  Relevant to Wildplant Rescue’s tenancy eviction threat, despite it being a business tenancy and not a residential tenancy, we raise pertinent sections of this new (NSW) Residential Tenancies Amendment Act 2024.  Why should not the same principles apply to a not-for-profit tenant?  That analytical article is pending on this website.   We thank readers for their patience.  We believe that no other website of journalist is covering this details issue as we are.  We seek the truth in such topics always.

 

 

Aboriginal Cultural and Resource Centre derelict – photo gallery:

And who seriously, would turn on the ACRC’s private fire hydrant and leave it running for weeks…months to waste precious drinking water?

We took a video of this upon our visit to the DCJ’s Clairvaux Community Centre site on Sunday 30th March 2025.

 

 

 

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DCJ’s eviction threat of Wildplant Rescue is a conjured bureaucratic notion for an impractical social housing estate white elephant in bushland some 2km outside Katoomba

 

It’s all a political ruse!

Wildplant Rescue’s nursery site occupies a very small parcel of rural bushland covering less than half a hectare.   The nursery is situated on a western boundary off Oak Street Katoomba as part of the quite sizeable 8 hectare DCJ Clairvaux bushland site. 

The Clairvaux site is geographically located within The Gully Water Catchment on the western edge of the regional township of Katoomba in the Blue Mountains region of Australia.   The nursery site is within native Eucalypt bushland and is some distance from Katoomba’s high street, which is more than 2 km away and an uphill walk. 

 

 

So, the Clairvaux site location is not exactly convenient to shops nor amenities and the only public transport an hourly bus service into town along Oak Street.  So the site suits being a place to propagate native plants, which is what Wildplant Rescue does and has been doing successfully on a shoestring budget consistently since 1999, so now twenty-six continuous years. 

 

A recent walk around of Wildplant Rescue’s current site by this author:

 

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Yet management has known about this eviction threat since before May 2020…

 

Let the truth be known – the founder of The Habitat Advocate and as Editor of this website, Steven Ridd, is a local of Katoomba in the Blue Mountains since 2001, so far, here for 24 years and going nowhere.    

Consistent with the conservation tenets of The Habitat Advocate organisation, Steven had been a committed and active member of Wildplant Rescue on and off since 2009, having first initiating contact with committee member Alison Hatfield back in April 2008.   Steven’s association included volunteering in various capacities and then joining the management committee.  It was an on-and-off participation as work and family priorities permitted such volunteering contributions, as many juggle with.

 

 

 

 

Back on Thursday 26^th February 2009, Steven attended his first meeting of Wildplant Rescue’s Management Committee Meeting, as a guest.   Minutes of that Management Committee Meeting of Thursday 26^th February 2009 are provided below. 

Blue Mountains Wildplant Rescue is a community group and nothing herein is personally private, but only about this community-based not-for-profit organisation.  It’s website is appropriately in the public domain.  The Habitat Advocate Editor, Steven, remained a member of Wildplant Rescue on and off for more than a decade.   

However, Steven’s association with Wildplant Rescue abruptly ended upon him initiating his email letter of membership resignation from Wildplant Rescue to the management committee on 1st July 2020.  His reasons are twofold, as follows: 

 

ACTION 1:   Previously, on 24 June 2020, this author, at the time continuing to be on the Wildplant Rescue Management Committee had responded in an email to the committee thus:

“EVICTION THREAT

Importantly as well, Wildplant Management Committee needs to immediately respond to the notification of the imminent threat of eviction from its ‘lease’ at Clairvaux Community Centre 14 Oak Street Katoomba as warned by the NSW Department of Community & Justice (so-called) on 7^th May 2020, per Verity’s email.

It would be responsible to inform the membership of this threat ASAP.

Kind regards,

Steven”

 

However, the management committee decided NOT to follow Steven’s advice to issue a “broadcast’ email of this existential threat to the membership.. “until they had more definite information from the DCJ.” 

 

(2)  Two days later on 26th June 2020, Steven added in another email to the management committee:

“I re-emphasise that waiting for a governmental department formal response in writing may just well be an eviction notice.

This will place Wildplant Rescue in an invidious position with little wriggle room to negotiate or to seek a delay to consider options.

I have recommended to the Wildplant Committee they need to seek legal advice and to utilise the current government grant funding to finance such legal advice so as to be on the front foot, rather than waiting for the inevitable so to speak.

I do not see a reason for keeping this critical news from the Wildplant membership, who may well be able to assist the Committee somehow, or at least given an opportunity to do so.

As volunteer representatives of Wildplant Rescue, the committee should not feel compelled to take on this burden of the threat of eviction themselves and with it the likely folding of Wildplant with it, given no alternative site has been so far found viable.  I wish to add…as a committee member my dissent in not informing the membership of this predicament. They would be shocked to learn and if it were to eventuate without their knowledge, hold the committee to account and condemnation.  I am prepared to be a whistle-blower on this to the membership by July 14.  Surely the committee can come up with a responsible announcement to the membership that is informative without being alarmist.

I have the future viability of the Wildplant organisation and spirit foremost in my mind; whereas committee members can come and go.”

 

Steven Ridd as Founder, Conservation Consultant, and Editor of this website realised the existential threat by the governmental landlord to the very viability and future of Wildplant Rescue.  For the Management Committee members not to alert the membership and fight the government eviction went against the craw – against the very raison d’etre of The Habitat Advocate – publicly challenging ‘Government Greenwashing‘.

 

(3)  So, on 27th June 2020, Steven emailed his broadcast email to the 66 active members of Wildplant Rescue thus:

“Hello Wildplant Membership,

As a current voluntary member of Blue Mountains Wildplant Rescue Service and serving on the management committee, I wish to express my repeated concerns since receiving an email from the President on May 8^th 2020 about a serious risk to the viability of our organisation.  I have tried my darndest multiple times within the committee communication that the broader Wildplant membership be made aware of this situation, but I have been unsuccessful, and only accused of “bullying” by the President, which I totally reject.

I refer you to the President of Wildplant Committee to explain.
My commitment and heart is with the conservation spirit and viability of Blue Mountains Wildplant Rescue Service Inc.”

Sincerely,
Steven Ridd”

 

(4)  After then receiving a threatening email response from the president alleging “data breach” of Steven’s broadcast emailing to the members, Steven reflected upon his membership of Wildplant Rescue and on 1^st July 2020 emailed the committee stating he would not be renewing his membership.  (All email correspondences are retained on file).  

So that episode is approaching five years ago now.   Yet sadly, the same threat of governmental eviction by the same NSW Department of Communities and Justice still looms dark over Wildplant Rescue’s very existence.

 

(5)   This disturbing experience has affected us.  So we write this truth telling to share…

 

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This nursery’s landlord?  …NSW Department of Communities and Justice – seriously?

 

As mentioned above, the Clairvaux Community Centre overall property site is owned by the New South Wales (state) Government (through its delegated and so-called ‘Department of Communities and Justice‘ (DCJ). 

We remind readers that the ‘NSW Government’ essentially translates to being the authorised custodian on behalf of the citizens of New South Wales.  Australia is a democracy.  Assets of this state government are indeed the assets of the State and thus belong to this states citizens.   

 

Eviction for social housing out ‘woop woop’..?

This much valued Blue Mountains community run not-for-profit venture frankly threatens to unjustifiably cause its permanent demise.   Bloody why?!

Yet the current incumbent NSW Minns Labour Government’s Department of Communities and Justice has threatened designs on the site to flog it off for ‘social’ housing development. 

What a ridiculous notion!   The site is over 2km from Katoomba’s high street, so not exactly accessible for social housing such as like dilapidated northern Lurline is adjacent to Katoomba High Street. 

The site is not suited to planned housing development and certainly not for government so-called ‘social housing‘ concept. 

There are more sites in town near shops and the railway station far more suited for such government-funded social housing.   Whereas Wildplant Rescue is located over 2 km from town so every resident would need a car for starters.  It would require considerable costly demolition of many buildings, the killing hundred of native trees and bulldozing bushland to replace it with a conurbation of unneeded new housing – so another white elephant for the Blue Mountains.

The DCJ claims that the centre tenanted by the Blue Mountains Aboriginal Cultural Resource Centre has significant accessibility and bushfire safety non-compliance issues that are not able to be remedied under the property’s existing land zoning.

“The Department of Communities and Justice is committed to funding Aboriginal community controlled organisations to provide programs and services for the local Aboriginal community,” a spokesperson told the Gazette.

“DCJ recognises and appreciates the important work that the Blue Mountains Aboriginal Cultural Resource Centre undertakes in the community, and has been working with the Blue Mountains Aboriginal Cultural Resource Centre to assist in sourcing and transitioning to a more appropriate property.

“DCJ remains committed to working collaboratively with the Blue Mountains Aboriginal Cultural Resource Centre to assist them in their goal of providing services to their local community.”
At the Blue Mountains council meeting, the mayoral minute was supported unanimously. The council intends to write to the Department of Communities and Justice; Stronger Community Ministers; the Minister and Shadow Minister for Aboriginal Affairs; and Trish Doyle, state member for the Blue Mountains, advocating for investment in the renovations required so the NGOs can continue to operate from the DCJ’s Clairvaux Community Centre.

Since 1999 our nursery has been located at the Clairvaux Centre, which is Govt property in the portfolio of the Department of Communities and Justice (DCJ) The property was surplus to their requirements since the children’s homes closed in 1988. It was abandoned and derelict until Katoomba Neighbourhood Centre (KNC) got a licence from DCJ in 1998 to use the site for community groups. We moved in in 1999. KNC withdrew from the licence in 2009 and since then we have just remained on site developing the nursery, being totally ignored by the DCJ until they suddenly appeared in 2020 threatening eviction. While departmental decisions were still ongoing, we secured an official short term licence (lease) to continue operating on site for a further 15 months. This lease expired in September 2024. We have sent several requests for this term to be extended but now we have been verbally informed we will definitely be evicted soon, probably at the end of April.

 

The situation….

The DCJ have advised they wish to divest themselves of this property since they have determined that we are not a community organisation they can support and so they wish us to vacate by April this year. They tell us they have already offered the property to BMCC who have declined to accept without substantial accompanying funds to upgrade the premises, fair enough. KNC did massive work to upgrade the site for all the community groups to move in. Since then the residents of Clairvaux have done their best to keep the place operational but it definitely is in need of a major upgrade.

BMCC have indicated that we could be included in the Planetary Health Initiative on the old Katoomba Golf Course, but all we have so far are words, no action, and now we are running out of time! Moving a nursery is a huge endeavour and would take so much of our time and resources that without major assistance we may not be capable of achieving this!

Why bother to save us?….
I’m sure I don’t need to tell you how valuable our nursery is to the whole Blue Mountains community. We are a unique nursery growing and supplying real local natives which are mostly not available anywhere else. By supplying genetically sound local plants for thirty years to gardeners, council and bush regenerators, we have helped to connect our community to the bush and increase indigenous biodiversity. We also provide an opportunity for all our volunteers to find companionship in worthwhile and fulfilling volunteer work. We work with local schools and join in all the local environmental education events.

(Given all that, one wonders how we don’t fall under the auspices of the Department of “Communities”?)

It is a fact that we receive no regular support or funding from any source at all for this important work! We have been serving the community and our environment since 1995 by our own efforts only.

In 2015, the NSW Parliament’s Member for Blue Mountains Trish Doyle MP, wrote a letter to the Minister for Communities on our behalf asking for the Minister’s help to find a permanent home for us.

We had a meeting with representatives from the Department of Communities and Justice (DCJ) yesterday and they have allayed our fears of sudden eviction by stating that we will not be just ‘thrown out on the street’ come the end of April, but that we MUST relocate from the site “as soon as an alternative is found”. They have assured us they are still working hard to find a solution. (So this is the same situation since at least 2009!)

I hope the DCJ and the Minister may have more influence than us to come up with an alternative site, since in the more than 20 years we ourselves have been looking none has so far been identified. If no other site at all is identified we may still be forced to close.

So the situation is still grim for us as no other locations can be identified at this stage. If you have any solid ideas or any sphere of influence to help us find our forever home, (or have a spare billionaire in your pocket?) then please send us an email to bmwrskat3@gmail
And please keep sharing our petition and watch here for updates
We are all hoping for a miracle!

Yet, this is government hypocrisy, since directly across Oak Street from where Wildplant Rescue’s nursery has been for 26 years at number 14, is Blue Mountains Council’s bankrupted golf course.
Who plays golf in 2025?

In the process this same DCJ department has given no consideration to the future of this long-standing successful not-for-profit nursery business.  Wildplant Rescue since 1999 continues to It provide a much valued native plant service to the local community.

The Blue Mountains Wildplant Rescue Service nursery and its office building occupies just a relatively small portion of the overall old ‘Clairvaux’ site situated on the southwestern bushland outskirts of Katoomba township site.   

The nursery is amongst a few other community-focused small business tenants.  However, over the years many of the former tenants have long departed and many of the remaining buildings are long abandoned and have been left to become derelict and vandalised.   There is no indication that the governmental landlord (DCJ) maintains the site or the buildings.

 

 

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A brief history of this ‘Clairvaux’ site – ‘Home’ of Horrors:

 

The overall old ‘Clairvaux’ site is an asymmetrical odd squarish shape between Oak Street and Cliff Drive bounded by Hall Street (street access), Cedar Street, Violet Street, Ficus Street and Cliff Drive.  See recent aerial photo map below.   

It is estimated that the overall area approximates 80,000 m² ( 8 hectares).  [NOTE:  113 Cliff Drive, Katoomba, NSW 2780 has a land size of 69,662 m² (^SOURCE) – so this raises the question that entire land parcel ownership between Oak Street and Cliff Drive remains is unclear.  Was a portion sold off?]   

The overall site (shown below) is characterised as being half remnant bushland and half sports fields and from researching Google Maps and onsite ground-truthing also dotted with about two dozen dispersed dwellings. 

The original building of the fibro-cement/asbestos clad NSW Government ‘Clairvaux Children’s Home‘  would seem to date back to the 1960s.  Various other brick and tiled dwellings of different but consistent style seem to date to the 1970s.   Many of the 1970s dwellings appear unkempt, else abandoned, derelict and indeed a few have been vandalised and left open to the elements.  There is also signs of illegal squatting. 

Clairvaux photo gallery:

 

There are currently multiple tenants, dominated by the Katoomba Christian Convention (KCC) over about three quarters of the site.

 

Clairvaux Children’s Home had been established at this site outside Katoomba NSW by the then NSW Government’s Child Welfare Department in 1969.  At the time, other state institutions like Mittagong, Brush Farm and Werrington Park were becoming overcrowded, so Clairvaux was opened (outside remote Katoomba) to house another 24 ‘wards of the state‘. 

In the beginning, the Home provided accommodation for boys who were described as having “intellectual disabilities”.  However, over the years, regrettably paedophilia rape stories emerged about the boys’ mistreatment and horrific sexual abuse.  Clairvaux Children’s Home had been allowed by the NSW Government to become an “offending institution”…

 

“Clairvaux Childrens Home was ultimately closed in 1990, remembered only by the boys (now men) who lived there.  In 2014, the grand old building was repurposed into the Clairvaux Community Centre and now serves as the operations centre for a wide range of community-based charities.”

[SOURCE: ‘Offending Institution: Clairvaux Children’s Home’,  ^https://kelsolawyers.com/au/institutions/clairvaux-childrens-home/]

 

We reproduce the published article of Kelso Lawyers herewith:

 

“Offending Institution: Clairvaux Children’s Home”

SOURCE:  ^https://kelsolawyers.com/au/institutions/clairvaux-childrens-home/

 

“Clairvaux Children’s Home was established at Katoomba NSW by the Child Welfare Department in 1969. At the time, other state institutions like Mittagong, Brush Farm and Werrington Park were becoming overcrowded, so Clairvaux was opened to house another 24 wards of the state.

In the beginning, the Home provided accommodation for boys who were described as having intellectual disabilities.
Clairvaux was closed in 1990, remembered only by the boys (now men) who lived there. In 2014, the grand old building was repurposed into the Clairvaux Community Centre and now serves as the operations centre for a wide range of community-based charities.

But what happened behind closed doors between 1969 and 1990 was disturbing, to say the least — but you won’t hear about it in the news. The boys’ complaints were brushed off by their houseparents and other members of staff on-site.

As wards of the state, they had nowhere else to turn. They lived out of sight of the community. They didn’t have a voice.
In this article, we share the story of one individual who suffered at the hands of a cleaner who worked at Clairvaux.

Active paedophiles roamed the grounds

Image: Care Leavers Association

 

A former resident of Clairvaux (who remains unnamed for privacy) was only six-years-old when he arrived at Clairvaux as a state ward. For the next 10 years, he was sexually abused weekly by a cleaner named “Darryl” who the victim remembered had red hair — a recognisable, memorable feature.

The victim was often sexually abused in Darryl’s work shed, located near the Home’s pool.

Darryl subjected the child to anal penetration every single time.

Believing that someone would help him or at least send Darryl away, the victim told his houseparents, Mr and Mrs Brady, about what was happening to him. Rather than reporting Darryl to the police, they ignored the complaints and the cleaner continued to work there… and continued to abuse the vulnerable child.

The victim then tried to report the abuse to the woman who cooked in the kitchen. She at least sent the child to be checked over by the nurse but again, nothing was done to help him.

With nowhere left to turn, the victim ran away many times but was caught every time.

Eventually, the Department removed him from Clairvaux and sent him to Reiby Youth Justice Centre, followed by Mt Penang Training School. This was a common practice for boys who were considered “difficult to manage”.

Reiby and Mt Penang are known for their harsh discipline and rampant sexual abuse. For this particular victim, moving to Reiby and Mt Penang was not a “light at the end of the tunnel”. Safety was not a luxury enjoyed by the boys who lived there.

If you were abused at Clairvaux, we want to hear your story

So little information is known about Clairvaux and the boys who lived there. Their stories have been lost in time — many are too scared to come forward and tell their stories. This is not uncommon; around 60% of survivors never disclose their experiences with abuse. Many are ashamed and fear they will not be believed.

There are many grown men who still haven’t spoken about their abuse by Darryl the red-haired cleaner, other on-site staff or by their own houseparents.

At Kelso Lawyers, we want to hear your story. Our specialist lawyers have helped hundreds of survivors achieve compensation across Australia. We will lend a sympathetic ear and most importantly, we will believe every word you say.

From here, we will make the compensation application process as simple and stress-free as possible. It is our goal to ensure you achieve the best possible outcome and achieve your own personal breakthrough.”

 

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The home buildings have been abandoned ever since.  They are situated off Cedar Street, at a quite separate location to the Wildplant Rescue nursery which is accessed off Hall Street over 250m around the corner.

Blue Mountains Wildplant Rescue Service is wholly a community service.  It is the first of its kind in Australia, conceived and founded by local Blackheath village residents Mikla Lewis and Naturalist Wyn Jones in January 1993 to be a community driven, not-for-profit organisation, based in the Blue Mountains of New South Wales to help protect and promote the natural values of the Blue Mountains.   It operates to rescue and re-home wild native plants, and to propagate these in its  substantial dedicated in order to supply a range of locally endemic plants to local community bushcare groups, landscapers and to the local Blue Mountains Council for ongoing native habitat rehabilitation projects. 

Copy on an early newsletter to members ‘Wildplant Press:

The Blue Mountains region, despite being mostly world heritage listed in 2000 continues to come under housing land use development pressures from hundreds of building permits issued every year, with most of the development affecting unspoiled native vegetation.   

“Block by block, the bushland nature of the Blue Mountains urban area was being slowly but steadily lost, replaced by exotic gardens which deprive native wildlife of food and habit and create huge weed problems in surrounding bushland and National Park.    As the group evolved, the original idea of rescuing native plants developed into a bigger plan. The group became aware of the importance of protecting wildplant and wildlife communities in the Blue Mountains on a broader scale than solely rescuing condemned wildplants.  The collection of seeds and cuttings for propagation and on-selling to the local community was added to the concept.  The facilities at Mount Tomah Botanic Garden were used for propagation of rescued seeds and cuttings, which were then cared for by group members in their own gardens.”

[SOURCE:  ^https://www.wildplantrescue.org.au/about]

Indeed, the website of Blue Mountains Wildplant Rescue Service was made possible by the Federal Government’s Stronger Communities Grant.

As well as engaging dozens of local community volunteers, the nursery also employs disabled young people as well as youth offenders undergoing rehabilitation and community re-adjustment through various governmental programmes.  These would all cease if the DCJ bean counters get their way. 

So what the hell is the Minns Department of Communities and Justice (DCJ) thinking by destroying a community project – seriously?

DCJ’s website motto:  “We work with children, young people, adults, families and communities to support vibrant, sustainable and inclusive communities.” 

Is this seriously hypocritical or what?  DCJ’s threat to shut down this community nursery. 

What a hotch-potch of disconnected public service functions the DCJ is!  It combines a legal justice type portfolio with community services.  Cop this disparate mixed bag of its portfolios in DCJ’s Executive Structure:

1. Social Housing
2. Disaster Welfare
3. Courts and Tribunals
4. Victims Services
5. Child Protection
6. Disability
7. Seniors
8. Women’s Safety
9. Youth Justice
10. High Cost Emergency Arrangements
11. Law Reform
12. Volunteering
13. Sentencing
14. Disease Testing
15. Jury Service
16. Domestic Violence
17. Anti-Discrimination
18. Custodial Services (Prisons)
19. Legal Services
20. Public Defenders Office
21. Solicitor General
22. Aboriginal Outcomes
23. IT Services
24. Financial Performance and Transformation
25. Compliance
26. Anti-Slavery
27. Infrastructure and Assets

It’s a miscellaneous bucket list, and may as well be badged ‘Other’.

The last one here is managed by  Katherine Tollner.  She’d be the one going after  WildPlant Rescue in cahoots with Financial Performance and Transformation’s Bronwyn Roy and Social Housing’s (Homes NSW) Rebecca Pinkstone.   And how is Wildplant Rescue not recognised given that DCJ has a Volunteering programme?

Combined, DCJ’s has a bloated army of staff currently numbering 24,000 with a annual spend of $17 billion according to its 2024 annual report!  That is 13% of the NSW Government’s annual spend of $130 billion according to the Audit Office of New South Wales website.  It spends more than it earns.  Its accumulated debt is $137 billion, with official forecast annual interest payments on debt to be (conservatively) $8.6 billion for 2027-28.   So, Macquarie Street under the Liberal-National Coalition or Labor/Greens spends half of DCJ’s budget on interest repayments.

Well, Macquarie Street knows how to spend taxpayers’ money like proverbial drunken sailors.  It has programme sub-departments to conjure up new programmes to ensure it spends all it gets annually, so its budget doesn’t fall in subsequent years.  [NOTE:  One is familiar with the NSW governmental bureaucracy, having contracted as a management accountant for multiple NSW Government departments for over a decade].

In the case of the building that houses Wildplant Rescue’s administrative office and other separate outbuildings on the old Clairvaux site, the DCJ has neglected building maintenance and proper upkeep for many decades. 

DCJ’s current so-called Executive Director for its Infrastructure and Assets portfolio since Sep 2019 (less lockdowns),  Katherine Tollner, has three months governmental experience in a property portfolio as Executive Director Property, Fleet & Procurement at NSW Department of Planning, Housing and Infrastructure  (Jul 2019 – Sep 2019).

 

The NSW Minns Labor Ministry includes this Department Communities and Justice, so-called (DCJ).   But under Premier Minns, it is a mish mash mega department of unrelated portfolios as follows:

1. Attorney General: The Hon. Michael Daley SC, MP
2. Minister for Families and Communities, Minister for Disability Inclusion: The Hon. Kate Washington MP
3. Minister for Youth Justice: The Hon. Jihad Dib MP
4. Minister for Corrections: The Hon. Anoulack Chanthivong MP
5. Minister for Housing, Minister for Homelessness, Minister for Youth: The Hon. Rose Jackson MP
6. Minister for Veterans: The Hon. David Harris MP
7. Minister for Seniors, Minister for the Prevention of Domestic Violence and Sexual Assault: The Hon. Jodie Harrison MP  

So not one minister is accountable.  Which one is in charge of the eviction threat?  This mega department is supposed to be about ‘communities’ as its name suggests. 

The three non-government organisations that are the tenants at the Clairvaux Community Centre are:

1. Blue Mountains Wildplant Rescue Service, the native plant nursery
2. The Blue Mountains Aboriginal Culture and Resource Centre (ACRC), which has been at Clairvaux for 27 years and claims “to provide crucial support services to the local First Nations community”
3. Leura Day Options, a disability support service provided by Greystanes Disability Service

These are each COMMUNITY based services.  Hello!

It’s website About Us page reads:

“We work with children, young people, adults, families and communities to support vibrant, sustainable and inclusive communities.”

 

 

 

 

SOURCE:  ^https://dcj.nsw.gov.au/about-us/who-we-are-and-what-we-do/about-dcj.html

At Clairvaux COMMUNITY Centre, the tenants facing eviction are a COMMUNITY nursery, an Aboriginal COMMUNITY centre and a disability support centre for disabled members of the local  COMMUNITY.

What hypocrisy!   The DCJ is also supposed to be about justice, as the name suggest – but it seems it’s more like ‘injustice’.

 

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Council’s Centre for “Planetary Health” – seriously again?

 

In 2022, Blue Mountains councillors voted unanimously to oppose the eviction of the community groups that use Clairvaux by the DCJ!  The mayor will support Trish Doyle’s appeal to the Minister to reconsider.

That same year, the Blue Mountains Council purchased the adjacent defunct Katoomba Golf Clubhouse situated on 30 hectares of public land (long controlled by Council), Council decided to re-branded it a ‘Centre for Planetary Health‘…whatever that means. 

 

We point out that Blue Mountains Council had over previous decades, owned the public land of the Katoomba Golf Course, in its entrusted capacity as a custodian on behalf of the citizens of the Blue Mountains local government area it represents in trust.  But the various golf course club operators had gone bankrupt and ‘sympathetically connected’ councillors had bailed them out using ratepayer funds. Say no more.

During the time of 2022, as part of Council’s community consultation outreach invitation, Steven responded to Council in writing proposing that a small portion (1/2 hectare) of the old golf course site be considered by Council allocated to Wildplant Rescue’s nursery, given the imminent threat of the nursery’s eviction from its current site.  The current nursery site directly across the street from the old golf course at 14 Oak Street covers about that size. 

This relocation literally just across the street, would be the most convenient option for Wildplant Rescue out of other flagged site options considered, if eviction became imminent and unavoidable.  Other considered options had been Planet Ark’s former site in Wentworth Falls (north side) off 321 Blaxland Road and the original proposed site for the nursery at the old and disused Blackheath Tip (2 hectare) site off Ridgewell Road, situated about 600 metres along the road from the Great Western Highway, just east of the locked road gate for the Hanging Rock Parking Area.  See map below. 

 

 

 

Recall the lead newspaper article above:

 

‘The group had talks with council about a possible site during the planning of the old Katoomba golf course precinct.  But a spokeswoman for council said:

 “a plant nursery is not a permissible use on this site under the current zoning, and an amendment to the LEP would be required to include this and other additional uses.  That would be a lengthy process including making a submission to the state government and further public consultation.”….

 

 

In 2022, Blue Mountains City Council has voiced its concern over the threat of eviction for three community non-governmental organisations (NGOs) from the Clairvaux Centre in Katoomba.

At the council meeting of February 22, Labor mayor Mark Greenhill introduced a minute that detailed how the Department of Communities and Justice (DCJ) intends to end the lease of the Clairvaux Centre-based NGOs because of renovation costs.

“We need to stand up for those affected NGOS, they operate significant community support services to the Blue Mountains,” said Cr Greenhill. “When I heard about this I was horrified.”

Ward 1 Labor councillor, Suzie van Opdorp, who has an association with the Clairvaux Centre that extends back to the 1980s, also voiced her concerns over the eviction threat.

“These groups are feeling very anxious about their future,” she said. “As anyone would know who has lived and worked in the Mountains, there’s a scarcity of affordable office space for community organisations … These groups are really going to struggle if they’re put out to the open market to look for accommodation – some of them may not survive.  It’s clear the facility is worth a lot of money. Our state government has gone about selling lots of publicly owned assets, and I can imagine it would be very tempting to sell this off.”

Ward 2 Greens councillor Brent Hoare and Ward 1 Greens councillor Sarah Redshaw also expressed their disappointment with the proposed eviction, Cr Hoare accusing the state government of “demolition by neglect”.

Blue Mountains City Council (BMCC) have finally answered our questions regarding our suggested involvement in the Planetary Health Initiative on the old Katoomba Golf Course.

BMCC have now clearly stated that this is not a viable option for us because of zoning and other issues which would take years of process to remedy, if at all.  They have also confirmed they have no other suitable site available within their portfolio to which the nursery could be relocated. Despite expressing their concern and saying they really value our contribution to the community, they say they can do nothing more to help us.

Yet local Blue Mountains Council has its new ‘Centre for Planetary Health‘ notion situated immediately across the road from Wildplant Rescue’s current site!

This relocation option beckons – more anon.

 

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References:

 

[1]  ‘Eviction looming‘, 20250115, Blue Mountains Gazette newspaper, p.1, ^https://www.bluemountainsgazette.com.au/story/8863682/wildplant-nursery-in-katoomba-faces-uncertain-future/?msg=login

 

[2]  ‘Eviction Update‘, Blue Mountains Wildplant Rescue (website), ^https://www.wildplantrescue.org.au/blog/eviction-update

  

[3]  ‘NGOs may have to leave Clairvaux Centre due to renovation costs‘, 2022-03-18, by A.B.M. Smith, ^https://www.bluemountainsgazette.com.au/story/7651440/clairvaux-eviction-threat/

 

[4]  ‘Plans still afoot to fix Blackheath tip‘, 2021-07-27, by Jennie Curtin, Blue Mountains Gazette newspaper, ^https://www.bluemountainsgazette.com.au/story/7352079/tip-clean-up-still-pending/

 

[5]  ‘Eviction Threat for Wildplant‘, 2025-01-08, ^https://www.wildplantrescue.org.au/blog/eviction-threat-for-wildplant

 

[6]   ‘Landlords face fines for ‘non-genuine’ eviction reasons‘, 2024-07-28, by Jack Gramenz and Callum Godde, Australian Associated Press, ^https://www.bluemountainsgazette.com.au/story/8709944/landlords-face-fines-for-non-genuine-eviction-reasons/

 

[7]  ‘Heritage for housing‘,  2021-09-13, Blue Mountains Gazette newspaper,  ^https://www.bluemountainsgazette.com.au/story/7413951/heritage-for-housing/?msg=login

 

 

[9]   ‘Offending Institution: Clairvaux Children’s Home‘,  Kelso Lawyers website,  ^https://kelsolawyers.com/au/institutions/clairvaux-childrens-home/

 

[10]   ‘Landmark Win For Renters: NSW Rental Reform Bans No-Grounds Evictions and Caps Rent Increases‘, 2024-10-25, by Christine Lai, CityHub, ^https://cityhub.com.au/nsw-rental-reform-no-grounds-evictions-capped-rent-increases/

 

[11]   ‘Changes to rental laws‘,  NSW Government  (Minns Labor), 2024-10-24,  ^https://www.nsw.gov.au/departments-and-agencies/fair-trading/changes-to-rental-laws

 

 

  

About ‘Friends of ATLAS’

 

Back in 2014 at the start of spring in the Blue Mountains (Australia), Katoomba residents Maureen and Peter Toy from their home at 57 Megalong Street observed a man inspecting this magnificent tree on the verge out front.  They approached the man, who then told them that he reckoned the tree was “diseased” and so had to be “removed” (aka killed).  

The Toy’s campaign to save this magnificent tree was on in earnest!

ATLAS survives in good health, not diseased, as a 250 year old (in 2014) native Blue Mountains Ash (Eucalyptus oreades), with a still-growing canopy of 40+ metres high.

ATLAS pre-dates the settlement of Katoomba.  Indeed, ATLAS predates colonial settlement of Australian in 1788.  According to a learned Grade 5 arborist with long experience in these species, ATLAS probably started growing as a sapling from the 1760s – before the French Revolution, before the American War of Independence, before James Cook first set sail from Britain to explore the Pacific and find the rumoured great southern continent in 1768. 

This tree is an icon like the Three Sisters, yet hidden in Blue Mountains {city} Council’s assigned industrial area of Katoomba near the headwaters of Leura Creek and upstream of the popular tourist attraction of Leura Cascades and Leura Falls which tumbles into the Jamison Valley within the Greater Blue Mountains World Heritage Area. 

According to advice the Toys received from local conservation consultancy The Habitat Advocate, this large Blue Mountains Ash (Eucalyptus oreades) is a native tree only found in the Upper Blue Mountains.  Thousands of oreades were incinerated by the 2003 Centennial Glen bushfire, making the species now threatened in the upper Blue Mountains.

Maureen says:

“It is a beautiful and rare specimen and Blue Mountains folk are fortunate that we have such a significant tree still growing right by Megalong Street in industrial Katoomba. Over the many decades, this tree has withstood fierce windstorms, bushfires, (dodgy) road-widening and even industrial development all around it.”

 

With a canopy about 40 metres high and a trunk girth of over 5 metres (measured at 1.4m above the ground ^SOURCE), the tree has become a recognised icon and reference point in the area. It is home to a large flock of Sulphur-Crested Cockatoos that roosts in the tree daily. 

 

Campaign Background

 

Some years prior in 2012, The Habitat Advocate’s Conservation Consultant Steven, had had his own concerns about the new development taking place behind the tree at 59 Megalong Street Katoomba, and decided to take some before-shot photos; the following three taken on 11th January 2012.

 

 

 

 

So two years hence, with the new ‘mega industrial park’ constructed adjacent to the tree, the consulting arborist David Ford, whom Maureen and Peter had talked to, became the arch enemy to the preservation of the tree.   

Peter couldn’t understand why the tree was NOT already listed on Council’s Blue Mountains Significant Tree Register or why anyone would want to harm it.  The tree is situated on a  community verge (Council-community land) and for the prior few years there had been an industrial development constructed behind it.  

Peter and Maureen were vehemently opposed to any further harm being inflicted upon the tree and they have lodged a protest with council.  Several others in the local community sided with the Toys and together formed an informal local community activist group ‘Friends of ATLAS’ – determined to save and protect this magnificent native tree.   Their daughter Angelique started up an  online petition to garner local community recognition and support to protect the tree. 

Peter reckoned at the time: 

“It’s early days but he is ready for a sustained fight.”

 

A fellow local supported commented:

“Dear Friends,

There is an emergency right now, to save one of the oldest Blue Mountain Ash trees that we have left.. The tree is now known as ‘Atlas’. You may well know this magnificent tree located at 59 Megalong Street, Katoomba. It has a girth of 5 metres and a growing canopy of 40 metres high. The tree has been estimated to be between 200 and 300 years old,  I love this tree and hope you will help us save it 🙂

THANKS FOR YOUR SUPPORT

Peter H. Marshall”

 

A spokesperson from Blue Mountains {city} Council confirmed that the tree is situated on council verge land and not on the industrial development site behind.   Research into the planning approval for the industrial development behind revealed that Council had stipulated in its development consent conditions that the tree must not be harmed by the development activity.

Though Peter disagrees.  He says “guttering has been dug right into the tree roots system, then just a month ago the developer (behind) had a bobcat grade the topsoil and roots around the tree for an entire day!.”

Council’s spokesperson at the time clarified that council had not received any request for the tree to be destroyed.   The community battle to save this tree from Council neglect and indifference was set to ensue.

 

Save ATLAS Campaign

 

The Habitat Advocate took a particular interest in saving this tree shortly after noticing the sign on it ‘SAVE OUR TREE‘, placed there by Peter and Maureen in September 2014. 

Our Conservation Consultant, Steven, had first observed the sign on the tree whilst a driver for Blue Mountains Bus Company as he sat in a bus in the depot one morning doing his bus pre-checks.

After his shift, Steven took a chance that the sign’s maker lived nearby and so knocked on the door of the house adjacent at 57.  Peter and Maureen opened the door and the contact was established.  [Editor’s Note: Peter and Maureen have long since relocated back to their home town in Western Australia]. 

Steven suggested the tree deserved a name, as a brand for a public campaign to save it from being killed.  Maureen affectionately called it the ‘Atlas’, after the Greek God, appropriately for its towering size and for be so enduring.   In Greek mythology, Atlas was one of the most famous Titans, the son of Iapetus and the Oceanid Asia (or, possibly, Clymene). He was the leader of the Titan rebellion against Zeus, and he got a fitting punishment after the end of the Titanomachy: he was condemned to eternally hold up the sky.  The etymology of the name ‘Atlas’ is from the ancient Greek word τλῆναι “to endure”.  

This is a Roman statue of Atlas at the National Archaeological Museum of Naples in Italy.  It is believed to be the oldest, dating from 2nd century AD.

 

Steven suggested a change of sign to generate more passerby interest, given that adjoining Megalong Street is a busy thoroughfare between the industrial precinct of Katoomba and Leura.

 

“Threatened” was a play on words, since it had three meanings, intentionally. 

Firstly, this flora species, a ‘Eucalyptus oreades’, is locally endemic to this small area of the Central Upper Blue Mountains, that is it is wildly found nowhere else on the planet and the species natural habitat and number of trees have been decimated by human deforestation since British colonisation of the area from the 1870s such that the remnant number of trees can almost be counted.   This species and its ecological community is likely botanically deemed “threatened”, that is, it is likely to become extinct in the foreseeable future.

Secondly, this extremely large and mature, yet healthy specimen, could be more than 250 years old and so an even rarer example of the species.  The number of such specimens growing in what once was their wild habitat may well be currently counted on one’s hands. 

Thirdly, more imminent a threat is that the industrial developer who owns the site immediately behind this tree has intention of having it killed the tree in order to make way for some greedy notion of providing an overflow of customer parking on the verge outside his site.

Peter Toy quickly set up a dedicated Facebook Page (now defunct) in September 2014, calling it ‘Friends of ATLAS’.     Maureen and Peter’s daughter Angelique established an online petition on the Change.org website.

 

 

Fact Finding

 

As the publicity campaign to save the tree got under way, The Habitat Advocate considered some fact finding needed be done about the compliance of this development with Council’s conditions of consent, and in order to clarify the justification posed by the consulting arborist for killing this magnificent and otherwise healthy native tree.   

Suspicions were that the arborist had assessed the tree on behalf of his client the property developer and had concluded what the developer wanted – the tree’s removal to make way for concrete paving of the Council verge to facilitate increased vehicle parking for the new industrial site.

Enquiries to Blue Mountains {city} Council confirmed that the development at 59 Megalong Street Katoomba was recorded by Council as ‘Industrial Development DA X/435/2010‘.  A number of publicly available documents were obtained by The Habitat Advocate in relation to this development threat.

 

[Editor’s Note: 

This habitat story is to be continued sometime in spring 2023, due to other pressing commitments that we currently have.  The story shall be told in a number of parts discussing the SAVE ATLAS Campaign, its goals, strategy, opponents, supporters, relevant framework (planning and legal), research, publicity and ongoing updates.  Unlike other attempts by Blue Mountains conservationists to save valued trees, especially endemic natives like this one,  this conservation campaign succeeded and the campaign story shall provide not just a wonderful Blue Mountains story about a community coming together to protect natural heritage but also shall be instructive to others facing similar challenges of how to win against often overwhelming odds.  Future parts to this story shall be posted in turn as a lead article on the front page of this website, The Habitat Advocate, which continues to be based in The Gully Catchment in the town of Katoomba since 2001.  We thank our readers for their interest, support and patience].   

 

 

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Further Reading:

 

[1]   “Circumference is measured at 1.4 metres above ground level. If the tree forks, record the smallest circumference between 1.4m and the ground below the lowest fork“, National Register of Big Trees, ^https://www.nationalregisterofbigtrees.com.au/pages/tree-measurement

 

[2]   ‘A Blue Mountains iconic tree at risk‘, 2012-10-10, ^https://habitatadvocate.com.au/a-blue-mountains-iconic-tree-at-risk/

 

[3]   

 

[4]   

 

 

 

Sometime back in early 2022, Blue Mountains {city} Council, in its insular ‘ivory tower’ bureaucratic wisdom, reckoned that wasting thousands of grant funding from the NSW Government on a so-called sandstone ‘yarning circle‘ for The Gully in Katoomba would be a public relations hoot!   

Council’s yarning circle site was strategically chosen for maximum PR exposure for visitors to The Gully, just by the lake off Madge Walford Fountain carpark, just off Gates Avenue in Katoomba.   Sure enough, the project, completed in February 2022, found its way to a press release in the local newspaper, the Blue Mountains Gazette, on 20th April 2022 entitled ‘Transforming The Gully’.

 

This press release states that this new stone yarning circle on..

“the edge of Catalina Lake in The Gully is slowly being transformed after the decade-long work of a vibrant bushcare group, Blue Mountains council’s environment team, the Gully Traditional Owners and a special NSW environmental trust grant…. a yarning circle at the Gully and a YouTube bird watching tour are now just some of the welcome additions to the restorative Bushcare and Swampcare work.”

A stone yarning circle being part of restorative bushcare?  Seriously? 

Council previously had approved three similar stone circles nearby in The Gully back in 2008.  That’s where an external grant of some $600,000 went – on an Aboriginal-only interpretative history path.  

Sure, the dedicated group of volunteers of Garguree Swampcare Group who frequently convene in The Gully to weed out invasive plant species and plant out locally native plants do certainly effect restorative bushcare.  The group formed a decade ago back in 2011 under the New South Wales Government’s Landcare NSW umbrella (not Council’s).  As a local, the regenerative on-ground results of this volunteer group’s Swampcare efforts are readily observed by one walking around The Gully, especially noted inside the Dunlop Corner section of the old racetrack with the removal of all the blackberry and cotoneaster and the landscaping and planting out our of locally native plants and trees. 

Former members of ‘The Friends’ would be well pleased that the native habitat restoration in this creek valley has continued since 2011.  Yet sadly, no mention is made of the 27+ years of the Friends of Katoomba Falls Creek Valley Bushcare Group [1989 – 2016] and their related subgroups who continue to work in adjacent McRae’s Paddock and Selby Reserve, contributing many thousands of volunteer hours weeding The Gully of invasive plant species.   Let the truth be told.  

The Habitat Advocate has been based in The Gully Water Catchment since 2001 and over the two decades we have become very familiar with this rather special creek valley.   Our editor walks around it weekly for exercise and peace of mind in Nature, not just the old racetrack, but south from the aquatic centre through MacRaes Paddock, Selby Reserve and to Katoomba Falls.   He observes the goings on – the creek health, the landslips, continuing off-leash dog walkers, and the incremental new housing replacing the bushland along Wellington Street, etc.  

Council’s press release states that the group’s volunteer co-ordinator David King (being a son of a former Gully resident) has been..“slowly mulching, planting, moving logs and stones to create habitat for the amazing number of aquatic birds that frequent the Lake – 100 have been recorded..The group is working hard to restore the delicate environment at the headwaters of the Katoomba Falls Creek and make it a happy place for new memories.”

The Habitat Advocate supports David King’s Swampcare leadership, wholeheartedly.

Council’s press release goes on…

‘Mr King said for thousands of years Garguree – which means The Gully – was a campsite that sustained the Gundungurra and Darug people. Indigenous communities were displaced when council approved a car racing track – the Catalina circuit – in 1957. It has been recognised as an Aboriginal place since 2002.

The 81 hectare site* is being cared for with the help of a Protecting our Places NSW Environmental Trust grant…Mr King said the lake habitat is linking with the riparian corridor works along Gedumba (sic) Creek and all the restoration works in the middle swamps and McRaes Paddock.  The whole 81 hectares of The Gully is an incredible diverse wildlife haven and safe corridor linking up to the valley. While working around the lake it was decided that it would be a beautiful spot to also create a yarning circle on the lake for the Gully Traditional Owners and community to meet and share stories and cuppas.”

Garguree Swampcare has previously won the prestigious regional Indigenous Land Management Landcare Award in 2017.’

 

[* Editor:  “81-hectare site?” 

The Gully Water Catchment covers 290 hectares/2.9 km²  Dr Fred Ball’s 1993 Plan.  So, Mr King’s 81 hectares represents a tiny 28% remnant of the creek valley’s water catchment area.  However in fact, Blue Mountains {city} Council’s 2021 Plan at page 17 states the land area is 73.1 hectares as per the extract below, not 81 hectares; that is, unless Council’s doing another sneaky ursurp of its zoned community lands?…]

 

Again, The Habitat Advocate supports this habitat restoration endeavours wholeheartedly.  But the timing of Council’s yarning circle is apposite.   It took place during the period between July 2018 and October 2021 when Council was undertaking a revision of its 2004 Plan of Management for The Gully Aboriginal Place.  Yet in both Council’s 2004 plan and subsequent 2021 plan, ‘yarning circles’ were not suggested, discussed, featured, nor budgeted for.   

Instead, Council’s latest ‘yarning circle’ in The Gully seems to be some unplanned whim from grant funding undisclosed and outside any of the now 19 plans for and reports on The Gully.  Maybe it was some bureaucrat’s whim within council with connections to the Parks Service to utilise excess stone blocks over-ordered for heli-upgrading of nearby hiking tracks in the national park.   Voilà, another Council stone yarning circle crops up!

Anyway, so today we checked out this Council’s yarning circle down by the old artificial dam; a ten minute walk each way and took a few photos of it.   Currently in the depth of winter, sitting on these fifteen cold hard sandstone blocks for too long would likely bring on a bout of haemorrhoids, so wise to bring a rug or two.   The following photo was taken from the steps leading down to the lake, which originally provided the main access for swimming in the 1940s and 1950s before Council built its aquatic centre.  Note the old changing sheds in the background.

 

Now this new ‘yarning circle’ is situated right by existing picnic tables on the lawn area behind next to the old racetrack and these serve to provide quite adequate seating for picnicking and if you like, some yarning.   So it is an extraneous folly indeed.

For some reason Council in its wisdom, also recently decided to remove the only rubbish bin on this side of the lake. 

 

This is possibly because there is no Council ranger assigned to empty it. Instead  there is a bin at the Madge Walford Fountain carpark side of the lake, and two of Council’s aquatic centre car park, meaning Council’s ranger now doesn’t have to walk far from his/her car to empty them – must be to do with OH&S walking.

Speaking of safety, the site of this yarning circle is just metres down slope from a small freshwater spring that causes the grass in the vicinity to be constantly boggy.  The site was originally a sedge swamp within the original natural riparian zone of the central creek; that is, before the artificial lake was constructed.  The problem is that constant ground water seepage drains around and down the only steps leading to this new yarning circle below.   

 

This is simply local knowledge by those like The Habitat Advocate who know this creek valley intimately.  But Council in its ivory tower mindset constantly chooses not to consult with locals knowledge about its actions in The Gully.   Yes, Council must first legally consult with The Gully Traditional Owners (GTO) as custodians of The Gully Aboriginal Place, yet despite none living within ‘Cooee!‘ of The Gully. 

But the GTO would not have designed this folly and not at this location.  When the interpretative walking pathway was designed, a primary feature was to enable disabled access so the pathway and boardwalks were all pre-designed to facilitate wheelchair access throughout. 

 

Key problem with this Interpretation Pathway biasely tell an Aboriginal-only story, not the true account about dispossessed poor folk who were Black and White and mixed.  Council funded any of it, rather all the funding was external – NSW Government and Rous Water in the Northern Rivers region.  Council did not seek or obtain a development application.  Council did not seek or obtain any local community consultation, but only from the Gully Traditional Owners who were by 2008 usurping control in all decision making of The Gully to the deliberate exclusion of all other locals.  Council deliberately and hatefully ostracised The Friends of Katoomba Falls Creel Valley Inc., who had undertaken considerable bushcare rehabilitation and lobbied Council since 1989 to protect this creek.

Council did not seek or obtain a development application.    Council received no official clearance. It just thought it up and did it.

Sound familiar?

Apocalypse Now quote:  

“Kurtz staged Operation Archangel with combined local forces, rated a major success.

He received no official clearance. He just thought it up and did it.

What balls.

They were gonna nail his ass to the floorboards for that one.

But after the press got a hold of it, they promoted him to full colonel instead.

Oh, man, the bullshit piled up so fast in Vietnam, you needed wings to stay above it.”

^https://movie-sounds.org/war-movie-sound-clips/quotes-with-sound-clips-from-apocalypse-now/he-received-no-official-clearance-he-just-thought-it-up-and-did-it

 

Former residents of The Gully (pre 1957-59) are elderly and many are observed by this author as being physically disabled, having attended a number of invited gatherings with former residents in The Gully.    This points to this ‘yarning circle’ down by the lake, accessible by only by the steps, as being is a Council thing and likely contrived by some person without knowledge in perhaps Council’s PR department or by another one of Council’s external consultants driven in from distant Sydney.

Since at least 1981, a whole series of plans and reports to local Blue Mountains {city} Council on this creek valley have prescribed many environmental rehabilitation actions to be undertaken throughout.  However precious little has been done by council as the custodial land manager.  For instance, the ‘Bell Report’ of 1993 (plan #8) to Council on this creek valley in its executive summary on pages 6 and 7 identifies some sixty recommended actions for this creek valley of varying priorities as part of a prescribed environmental management plan. [Read More].  Had Council acted upon these recommendations then the Gully would have been truly transformed back to approximating its original ecological landscape and health as it was before the colonising usurpation since perhaps the mid-1800s.   

Neither the Bell Report nor any of the 19 plans/reports (at least) on this creek valley include any ‘yarning circle’ nor ‘stone circle’, nor even a ‘crop circle’. 

 

Blue Mountains {city} Council has already approved three other such stone block gathering places or ‘yarning circles’ in The Gully.  These were part of its approval in 2008 for an Aboriginal interpretative meandering pathway concreted inside its terminated Catalina Park motor racing circuit.  It serves to showcase the history of prior Aboriginal residents of The Gully – which Council forcibly evicted between 1957 and 1959 for its motor racing mates.

Evidential of the truth, Council’s meeting minutes recorded this back in 1959:

 

So why the need for a fourth stone circle in The Gully?  And why position it adjacent to an invasive dam that was built by non-Aboriginal people over the top of the pre-existing riparian zone of the creek?

Here we show Council’s other three ‘stone circles’ in The Gully.

 

 

 

 

The invasive non-Aboriginal history of this creek valley

Council’s stone ‘yarning circle’ is artificial just like the artificial lake adjacent.  It is pure aesthetics and seems to be a public relations ploy by Council to showcase: “Look, Council is actually doing something constructive in The Gully!”

But Council’s latest haemorrhoid yarning circle achieves precious little in rehabilitating the riparian zone habitat of this decades-long neglected and abused creek valley. 

For starters, the lake adjacent is actually a dam that was constructed post-WWII over the top of the old ‘Frogs Hollow’ spring/swamp riparian area of Katoomba Falls Creek by local tourist entrepreneur at the time, one Horace Gates.  It was part of his grand scheme to impose a carnival amusement park called ‘Catalina Park’ in the valley.. offering ‘every facility for fun and food’. 

Horrie in 1948 seconded the shell of an old Catalina PBY-5 flying boat for his new dam as a unique tourist attraction to his amusement park.   By 1949 he arranged for local council to supply 100,000 gallons of water for it, metered at 1/6d. per thousand litres.  [Council of the Blue Mountains meeting minute :’Supply of Water to H. Gates for Catalina Park’, dated 11th January 1949, 7 pm, page 3.] 

Horrie also paid £500 towards the £2,500 cost of constructing new Plantation Street westward between Cascade Street and his Catalina Park that same year.  [Council of the Blue Mountains meeting minute :’Plantation Street: Katoomba’, dated 15th February 1949, 7:30 pm, page 183.]   

Horries’ new ‘Catalina Park’ subsequently served to provide various attractions and activitioes including speedboat rides, tearooms, miniature train,  a Ferris wheel, merry-go-round, swimming pool and a Giggle House showing Charlie Chaplin films.  

 

Horrie also locally owned an amusement parlour on the north-west corner of Katoomba and Waratah Streets, as well as his ‘Homesdale Guesthouse‘ at 207 Katoomba Street including its Wentworth Cabaret nightspot downstairs.  Subsequently the guesthouse was replaced to become the much larger Katoomba Corps branch of the Salvation Army, then in 2021 it was converted into backpacker accommodation of international Youth Hostels Association (YHA). 

 

Katoomba tourism was Horrie’s thing 1920s into the 1950s.  He was a relatively successful entrepreneurial businessman of Katoomba.  But he used his wealth to be one of the many usurpers of The Gully. 

But Horrie cared not for the welfare or quite enjoyment of the  adjacent residents of The Gully.  They were mostly Aboriginal impoverished families subsisting in meagre self-made shacks in the bush with no utilities – having no running water, no electricity, no gas, may be septic tanks pre-1907.  Thereafter Council imposed town sewage be trenched throughout the creek valley, yet not connected to any of the Gully shacks (councillors didn’t want to encourage what they regarded as a shanty bush settlement on the edge of town).

A walking visit to The Gully these days reveals interpretative signage record of the simple subsistence living conditions that former residents endured before Council’s forced evictions and calling in the bulldozers 1957-1959. 

 

May be there was one toilet block for the entire Gully if they were lucky.  May be that tiny brick one below Wells Street, or was it a more recent addition for overnighting campers attending motor race meets later in the 1960s and 1970s?

By the early-1950s, Catalina Park as then an amusement park was pretty dated and run down.   When Horrie died, Council named Plantation Street adjacent as ‘Gates Avenue’ and Horrie’s dam as ‘Catalina Lake’.  Council in the 2000’s renamed a nearby short portion of Farnells Road as ‘Catalina Avenue’ as an appeasement gesture to the petrol-head fraternity bemoaning Council’s 2002 closure of their Catalina Park motor racing circuit just by the lake.  

This use of The Gully was all entirely non-Aboriginal use and exploitation by wealthy outsiders – the amusement park (1946-1950s) followed by the raceway (1957-2001).  So the pertinent question in relation to this fourth stone yarning circle by Council is why spend money complementing an unnatural part of The Gully. This is just another whim, indeed a folly.

Who’s idea was it?  How much did it cost?  Why did this civil works project take priority over many other priority ecological rehabilitation actions in the valley as prescribed by many plans of management since at least 1981?  Surely, given the latest Plan of Management of October 2021, the use of that “special NSW environmental trust grant” as quoted in the newspaper article, should have applied to the action items listed in that plan.  The 2021 plan lists a mere 6 action items on page 111.  , just 10% of the 1993 plan. 

In comparison to the 1993 plan of management’s 60 recommended action items, Council’s 2021 plan list a mere 6 ‘governance actions’ on page 111 budgeted to cost $54,950.  How much did this fourth stone yarning circle project cost?  On page 113 indicates a massive budget of $4,742,910 to implement the latest plan of management.  But this list is not about habitat restoration of The Gully, its all about human usage as the following cost summary reveals:

  

 

Council’s 2021 plan includes a pie-in-the-sky budget totalling a massive $4,742,910.   Co-incidentally Council’s 2004 plan budgeted a similar $4,682,000.   Didn’t happen. 

Council’s 1996 (Connell Wagner) Plan listed many distinct habitat restoration focuses and action plans for each portion of the creek valley, then respectively named Frank Walford Park, McRaes Paddock, Katoomba Park, and included Katoomba Golf Course.  Featured in all four portions included regenerating of re-vegetation degraded areas and rehabilitating swamps and bushland.  Budgeted total costs came in at $794,500. 

Didn’t happen.

Council’s 2021 plan won’t happen.  This latest plan is set to be mothballed by Council again, because like the 18 previous reports and plans on this riparian valley, the 2021 plan contains the usual escape clause to allow Council to do again nothing in The Gully.   A funding excuse.  Council is legally compelled by the New South Wales Government to prepare a plan of management for a public (community) land it controls/owns such as The Gully, but Council in its history is yet to seek the requisite budgeted external funding for any plan for The Gully in order to complete the recommended action items.

May we suggest to the insular thought bubble that is Blue Mountains {city} Council that rather than it have imposed a 4th Celtic yarning circle in The Gully for the rarely seen Aboriginal folk around, that Council instead focus its cash on more pressing public safety measures in and around The Gully?  

Below is one such pressing public safety problem deserving Council’s prompt maintenance. 

It’s possibly the largest pothole currently besetting the Blue Mountains at some 4×2 metres in size! 

It’s situated down the very steep road of Warriga Street on the eastern approach to The Gully.  Such being the months of this pothole’s  deterioration, one almost needs 4×4 vehicle to currently negotiate through it!

 

Further Reading:

 

[1]  Garguree Swampcare Group, ^https://garguree.bushcarebluemountains.org.au/

 

[2]  Catalina Park (motor racing circuit 1961-2001), ^https://www.racingcircuits.info/australasia/australia/catalina-park.html

 

[3]  (Photos of Catalina Park), Blue Mountains Library, ^https://www.flickr.com/photos/blue_mountains_library_-_local_studies/2627033062/in/photostream/ | ^https://www.flickr.com/photos/blue_mountains_library_-_local_studies/2493550745

 

[4]  Catalina Park (amusement park 1946-1950s), Blue Mountains Local Studies, ^https://bmlocalstudies.blogspot.com/2010/06/catalina-park-katoomba.html

 

While exercising through Katoomba Falls Creek Valley in the Blue Mountains last October, this author came across this sign.

 

How would one like to see the future of The Gully..for the next 15 years?   Have my say?   Internet submissions only?

Local government authority Blue Mountains Council in about 2007 renamed this natural valley west of Katoomba ‘The Gully’ because that is the affectionate name it had from the previous residents of mostly regional Aboriginal heritage extending back many thousands of years.

Since 2001, this author has lived 50 metres from the native bushland valley we know as Katoomba Falls Creek Valley, or Sydney Water’s defined Upper Kedumba River, or as Amusement Parlour tourism businessman Horrace Gates’ Catalina Lake, or as Blue Mountains Council’s sponsored car racing enthusiasts (1957-2003) as Catalina Park, or as NSW National Parks call the valley, ‘The Gully’.  

Such mixed interpretation of this watercouse valley reflects its history as complex, contested and ongoing culturally problematic.  Yet since 1957, here we are in cultural denial in 2019.

In 2002, The Valley was unilaterally declared ‘The Gully’ by Blue Mountains Council – typically again no community consultation.  

Ok, so what’s in a name? 

‘The Gully – Aboriginal Place’ under the National Parks and Wildlife Act 1974 by the New South Wales government was justified out of recognition of the Valley’s significance holding pre-contact Aboriginal sites, post-contact settlements, its ongoing occupation by Aboriginal People until forced eviction in 1957 (to make way for bulldozing a racetrack), and by lobbying and evidence from local Aboriginal Gundungurra elder, the late Aunty Dawn Colless.

All good.  But ‘Aboriginal Place’ only?  Says who?  By which Blue Mountains heritage Aboriginal people/clan?  The Gundungurra Traditional Owners Inc. only and so denying the rights of all other Gully residents and descendants – Aboriginal (eg: Dharug or otherwise) or of non-Aborigines of The Gully?

This is at best Council prejudice and community divide and conquer; at worst Council prejudice against non-Gundungurra, non-Aborigines.

Aboriginal Place declaration while historially valid,  was democratically invalid.  The NSW Government declaration of such was selective and secret behind Blue Mountains Council’s closed doors – a frequent setting to get things done without pesky outspoken community awareness.

Trust?  Blue Mountains Council?

From 1988 to 2016 local residents action group The Friends of Katoomba Falls Creek Valley Inc., under the inspiring and consultative leadership of the late Neil Stuart BSc., had championed a local community cause to save the Valley.  From grassroots local resident motives, the Friends aims were from the outset consistently to value and respect the remnant environmental values of the Valley, to lobby to remove the invasive racetrack,  to restore the Valley’s ecological integrity throughout and to foster a local community management structure to underpin the Valley’s environmental protection and rehabilition.

Basically The Friends set in train a local community management structure to care for country – the Valley as we called it.   But Blue Mountains Council hegemony, situated less than 200 metres east of the Valley, corporate-culturally frustrated and ostracised The Friends out of having any say, participantion or rights in caring for the Valley.

As the awareness of the tragic local Aboriginal past was realised, The Friends respected, engaged and partnered with former residents of The Gully and their descendants (irrespective of racial background).  The goal was to properly protect, rehabilitate and manage this acknowledged special place collaboratively.  It was a noble mission and undertaking.  The activism occupied core Friends members half an adult lifetime, proudly.

Yours truly joined The Friends’ fight to save the valley for just five years from 2002 to 2007 until other commitments took family priority.

The nearly three decades of local resident activism well exceeds the capacity of this article.  Suffice to say that the resultant ‘Upper Kedumba River Valley Plans of Management Revised 2004’ achieved not just a desired and just termination to the car racing invasion, but signalled an opportunity and hope for local community partnering with Blue Mountains Council and NSW Parks Service to manage and restore the valley as a valued natural place.

So there is this new signage put up by Blue Mountains Council.   After fourteen years, Blue Mountains Council deems The Gully Plan of Management is up for renewal, whatever that means.

Blue Mountains Council claims “This Plan of Management (POM) is fourteen years old and does not reflect the contemporary cultural values and perspectives held by the Gully community.”   But what are these?  

The local Katoomba community in and around The Gully continues to be shut out of secret talks with the parks service and only select Aborigines – The Gundungurra Traditional Owners Inc. – the legal custodians of most of the valley as appointed by closed shop local council with absolute control over the valley since 2007.   

Council entered into an exclusive co-management agreement with The Gully’s traditional owners in 2008, recognising the owners’ deep connection to the place.  What about the Dharug?  What about other community members who share a deep conservation interest in preserving and rehabilitating the Valley’s ecological values?

Council claims: “Funding from the Office of Environment and Heritage, NSW Heritage Grants – Aboriginal Heritage Projects has been made available to review and up the Plan of Management for the Gully.”   But what are these?

“Engagement and consultation with former Gully residents, their descendants and other stakeholders”.  Who’s a stakeholder?  Blue Mountains Council?  The NSW Parks Service?   This is not made clear.  What about the local community, former members of The Friends of Katoomba Falls Creek Valley Inc. who volunteered years of their lives to save and protect the Gully/Valley from all sorts of harm and development threats?

Council instructs:  “The Plan of Management review is being undertaken by Blue Mountains City Council in cooperation with the Gully Traditional Owners Inc.”

Why exclusively this one group of limited Aboriginal representation?  Convenience?  Simplicity?  Becuase the planned outcome has already been decided?   What about council consulting with Aboriginal Dharug residents actually born in the Valley/Gully?  What about consulting with the immediate  local community irrespective of racial background?

Council’s initiated review was made public from about October 2018. 

Spell check?

Council instructs that in preparing its revised Plan of Management, its process will include:

1. Engagement and consultation with former Gully residents, their descendants and other stakeholders
2. Assessment of relevant information and knowledge to be included in the revised plan
3. Assessment and determination of current management issues and future opportunities for the Gully
4. Updating of the management policies and the action plan for the Gully
5. Prioritisation and costing of actions and works

 

Except that the entire process is secret.  Is it to play into the hands of a few powerful and influential people?  Does local council have something to hide from the local community and non-Gundungurra former residents and their decendants until commercial contracts in confidence are signed and its too late to object? 

Council instructs:  “The existing Plan of Management does not include the Katoomba Falls sports fields or the Tourist Park.  The inclusion of these areas into the Gully plan of Management is a significant change from the existing plan.”   What is the reason and motive for including more land into the proposed new plan of management?

Council instructs:  “The revised Plan will be developed with reference to the Local Government Act 1993, the Crown Lands Management Act 2016, the National Parks and Wildlife Act 1974, and with the Guideline for Developing Management Plans for declared Aboriginal Places. (OEH 2012) The plan also needs to consider the future implications of the Aboriginal Cultural Heritage Bill 2018, which is earmarked to replace functions of the National Parks and Wildlife Act 1974 in relation to the management and protection of Aboriginal places.”

Council acknowledges:   ‘The Gully’ was a place where Gundungurra, Darug and other Aboriginal and non-Aboriginal people lived as a fringe community from around the 1890’s onward over a number of generations.”

 

Council’s References Used:

 

• Local Government Act 1993 (NSW)
• Crown Lands Management Act 2016 (NSW)
• National Parks and Wildlife Act 1974 (NSW)
• Aboriginal Cultural Heritage Bill 2018 (NSW) – earmarked to replace functions of the National Parks and Wildlife Act 1974 in relation to the management and protection of Aboriginal places.
• Guidelines for Developing Management Plans for declared Aboriginal Places,  NSW Office of Environment and Heritage (2012)

 

Council has restricted consultative capture of any local community input to some outsourced website based software outfit in Melbourne: Bang The Table’s ‘Have Your Say’:  https://www.bluemountainshaveyoursay.com.au/gully-plan    Yet Blue Mountains Council’s website now instructs:  “Consultation has concluded”. 

It’s July 2019 and Blue Mountains Council’s webpage on this process shows the following timeline update:

It would suggest that insufficient resources have been allocated or there are delays in the communications process,or insufficient scheduled time was provided for this project from the outset, or a combination of these.   

If local stakeholders missed out on finding out what is going on, should they just await Blue Mountains Council’s press release on its pre-decision making?

Chairperson of the Gully Traditional Owner Inc., Aunty Merle Williams, says: “The Gully is a sacred place to the Aboriginal community who came from the Gully. It was a place for everybody, regardless of who you were or where you came from.  It is important that The Gully is managed in a culturally appropriate way using both traditional and contemporary practices.”

The mayor, Mark Greenhill, said council had a strong commitment to working closely with traditional owner groups to care for country.   “The revised plan of management for The Gully will guide the future use and management of this significant site over the next 10-15 years.” 

Ok so regardless of who you were or where you came from, why are non-members of the Gundungurra Traditional Owners Inc. being excluded from consultation in Blue Mountains Council’s review process?

 

References:

 

[1]   Upper Kedumba River Valley Plans of Management Revised 2004, >https://www.habitatadvocate.com.au/wp-content/uploads/2019/07/Upper-Kedumba-River-Valley-Plans-of-Management-Revised-2004.pdf

 

[2]   The Gully Aboriginal Place Map 2004, >https://www.habitatadvocate.com.au/wp-content/uploads/2019/07/The-Gully-Aboriginal-Place-Map-2004.pdf

 

[3]   Proposed Review of Plan of Management, Blue Mountains Council website – temporary page, October 2018, ^https://yoursay.bmcc.nsw.gov.au/gully-plan

 

[4]   Community Input to Proposed New Plan, by Blue Mountains Council (2018), ^https://www.bluemountainshaveyoursay.com.au/gully-plan

 

[5]   Draft Aboriginal Cultural Heritage Bill 2018, >https://www.habitatadvocate.com.au/wp-content/uploads/2019/07/Draft-Aboriginal-Cultural-Heritage-Bill-2018.pdf

 

[6]   Blue Mountains City Council Contact:  Environmental Planning Projects Officer, Mr Soren Mortensen,  Tel:  4780 5000.

 

[7]    ‘Have your say on The Gully – Aboriginal place in Katoomba‘, 20090114, in The Blue Mountains Gazette newspaper (no author), ^https://www.bluemountainsgazette.com.au/story/5807043/future-of-the-gully-aboriginal-place/

 

[8]   ‘The Gully’s Abuse and Neglect‘, article by The Habitat Advocate, 20110905, >https://www.habitatadvocate.com.au/?page_id=7326.

 

 

The Gully remains an anthroplogical microcosm of Australian unresolved reconciliation

 

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

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

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

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

Katoomba Falls

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

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

Soliloquy of a Scribbly Gum

Crimson Rosella in snow, a native to The Gully

(Platycercus elegans)

(Photo by Editor, 20121012, free in public domain, click image to enlarge)

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It rarely snows in Katoomba in the Blue Mountains these days.  In the old days it used to snow every winter, but these days we are lucky to get a brief flurry in August that doesn’t even settle.

So this morning was exceptional.   The forecast today (Friday) was for a storm further south, but at 6am in Katoomba it started snowing.  And in the middle of October (spring)!

Today’s weather, 20121012

http://www.bluemountainsweather.com/

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Then it kept snowing and kept snowing ‘ till after 1pm.  A few big tree branches crashed under the weight of snow.  The streets and roads steadily became blanketed in snow, making them slippery and  dangerous to most vehicles.  The Great Western Highway remains closed. The trains are snowbound up at Mount Vic.  It’s like we’re in the Alps where snow there is normal, but here no-one was ready for it.  Snow has regrettably become a freak event in the Blue Mountains.

We must have received about half a foot of snow by lunchtime.  Everything became soft white in a black and white landscape.

So it became quite a special morning and well worth a walk around The Gully in the snow.

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The Gully in Snow

(Photo by Editor, 20121012, free in public domain, click image to enlarge)

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(Click play, then click full screen icon at bottom right of video)

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Streets around The Gully in Snow

(Photo by Editor, 20121012, free in public domain, click image to enlarge)

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Tyre tracks through the snow in Katoomba

(Photo by Editor, 20121012, free in public domain, click image to enlarge)

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