Dear Mr McDougall,

Re: Nobbys Development Newcastle a Controlled Action

Thank you for providing the Parks and Playgrounds Movement with a copy of the letter HRL 44824 to Mr Gary Webb Chief Executive Officer of the Newcastle Port Corporation subsequent to our complaint that the Corporation was carrying out certain works without approval. (See Copy attached Doc 1.)

We note with deep concern that the Port Corporation’s action on the 26/2/2007 and on succeeding days in excavation, filling, road widening and construction of a turning bay and other works at Nobbys headland was in breach of the NSW Heritage Council’s conditions of consent for Nobbys development. We allege further that the work was in contempt of the Commonwealth declaration of the development as a Controlled Action under the Environmental Protection and Biodiversity Conservation Act 1999.

Your are advised that the Movement had professional legal opinion 15/9/2006 that the Port Corporation and the Nobbys Lighthouse Pty Ltd were in breach of Section 26 of the EPBC Act. Furthermore we made every endeavour to bring this opinion to the attention of all NSW Authorities including every Newcastle City Councillor. Ultimately we were obliged to bring the matter of the proposed development to the attention of the Commonwealth Department of Environment and Heritage as it was then known. The Department subsequently contacted the proponents seeking details of their proposed works.

Our action in bring the parties into contact averted legal action for breach of the EPBC Act. Notwithstanding our strenuous efforts to ensure the proponents of the Nobbys development complied with their duty to protect the commonwealth heritage values of Nobbys Lighthouse the Port Corporation has now again placed itself in breach by commencing work in contempt of the Controlled Action order.

We have attached three photographs: (Docs. 2. 3. & 4.) Nobbys prior to works, during works and current works. As you can see the actions were not for minor maintenance or Bitou bush removal as claimed by the Port Corporation. The constructions were poorly designed and carried out without protection of archaeological relics and have left a scar that is obvious from many parts of Newcastle.

Nobbys Prior to Works

Nobbys during roadworks

Nobbys after roadworks

We believe that the developments proposed are inappropriate and do not add to the understanding of the nationally significant commonwealth Heritage Place. The building impacting on the 150 year old Lighthouse should especially be withdrawn and the existing cottages should be the subject of adaptive reuse as required by the objectives of the Port Corporation’s published Invitation for Expressions of Interest 2003. Furthermore Nobbys headland should be transferred to the NSW Parks Service as a Historic Site so that it can be managed in a way that can protect its unique heritage values as an integral part of the Coal River Precinct SHR 1674 for the benefit of the people of NSW and Australia.

Yours Sincerely,

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