Sunday, 22 October 2000
Janet Dore
General Manager
Newcastle City Council
King Street
NEWCASTLE 2300

Dear Janet

Customs House Covenant unsatisfactory to protect Lumber Yard

Parks and Playgrounds Movement is pleased to be informed of the covenant proposed to allow reasonable access to that part of the Convict Lumberyard site within lot 1/533984.

We have considered the terms of the covenant enclosed with your letter of the 13 October and we are of the opinion that it is not satisfactory. A positive covenant such as this cannot be enforced. It will not run with the land and will be inoperative when the property has changed hands in the future.

The Customs House is currently registered in the ownership of the Commonwealth and there are no unregistered dealings notified as at Friday 20/10/2000.

Parks and Playgrounds Movement believes Newcastle City Council should obtain ownership of 15 metres of the eastern section of Lot1/533984 before the property is transfered to a new owner.

The national significance of the Convict Lumber Yard site makes it imperative that the land is ceded to the Council forthwith. Council could then covenant to allow the Commonwealth or its assigns to have reasonable access to the land.

Newcastle Council must at least ask that it be given an easement over 15 metres of Lot 1/533984.

This could be achieved by Council having a 15 metre "Right of Way" registered over the eastern end of the Customs House property with the Convict Lumber Yard being the dominant tenement. No other solution would be satisfactory.

Parks and Playgrounds Movement wishes to be involved in the conciliation between the parties in this matter and we trust that Council will ensure that this is properly settled before the title is allowed to be transfered to another party.

Yours faithfully