Phil Jenkyn OAM is a retired barrister and former alderman. Over the years he has been involved in many environmental and heritage battles. He was the first Chair of Defenders of Sydney Harbour Foreshores and the Joint Convener of Protectors of Public Lands. He was awarded an OAM (2005) for services to the protection and preservation of the environment, particularly heritage sites on the Sydney Harbour foreshore. In 2010 he received the National Trust’s Lifetime Achievement Award for his contribution to heritage conservation. He is a member of the Sydney Harbour Federation Trust’s Community Advisory Committee, and a member of the Sydney Harbour National Landscape Steering Committee.
Above: Phil addressing the large public meeting re Middle Head 23 January 2014 1. INTRODUCTIONA Development Application has been made to the Sydney Harbour Federation Trust for a private 93 unit aged care residential facility on public land at Middle Head in Sydney Harbour. It is proposed to convert and enlarge the ‘Ten Terminal’ buildings, and to demolish and build on the Barracks site on the other side of Middle Head Road, so as to accommodate the facility. Middle Head is well recognised nationally as being a very significant and special place.In order to objectively and appropriately assess the merits of this application, one needs to go back in time to see how it was that the Trust was established, to look closely at the Act governing the Trust and the various plans that it has made, the heritage values of Middle Head and the particular site where the development is proposed, and to evaluate the actual proposal and any impacts it may have on those heritage and environmental values. It is then and only then that one can make a proper assessment as to what should happen to these buildings on Middle Head. That must be done in accordance with the obligation under the Act to protect, conserve and preserve the environmental and heritage values of this significant place.
Middle Head one of a number of significant sites in Sydney Harbour saved by the community 2. THE BATTLE FOR SYDNEY HARBOURA real and desperate battle was fought by the community between 1996 and 1998 to prevent the Commonwealth Government and the Defence Department from going ahead with their decision to sell off former Defence sites in Sydney Harbour to private developers. These sites included nationally significant public land at North Head, Woolwich and Cockatoo Island, and in Mosman at Georges Heights and Middle Head.A coalition of action groups from around the Harbour was formed called ‘Defenders of Sydney Harbour Foreshores’ and as a result of a very vigorous campaign the Prime Minister John Howard in September 1998 announced that the Government had recognised that these public lands were in fact “the jewel in the nation’s crown” and stated that “they would be protected for the people of Australia”. The Headland Preservation Group inMosman played a leading role in the campaign. It has recently re-formed and established this website.After the election of 1998 it became clear that while the Government was to establish a Trust, funding would be limited to the planning stage and remediation of sites. It produced a Bill in Parliament that would require the Trust to be self-funding and gave it the directionand power to sell off significant heritage sites to fund its operations. This led to a further battle that resulted in a Senate Inquiry and the drafting of a proper Bill protecting the lands, drafted not by the Government but by a coalition of ‘Defenders’, Opposition Parties and a number of Councils. In the end the Government gave way and in early 2001 the community got its ‘Sydney Harbour Federation Trust Act’, legislation that really does protect and preserve these sites. The self-funding clause was deleted.From 2002 departmental funds were appropriated for capital works and operations. However since 2009 the Government has no longer funded capital works or operational costs. This has meant that the Trust has not been able to complete the necessary works on its heritage buildings to a level that would enable it to find the best adaptive reuses for these buildings. Buildings such as the Artillery School at North Head and Ten Terminal at Middle Head and some buildings on Cockatoo Island do not now have the funds to be restored and renovated to an appropriate level for leasing. This is indeed a very shortsighted view of Government and is to be condemned in strong terms. The Trust is the leader in good public planning in Australia and with a reasonably modest injection of funds would achieve world’s best practice status and self-sufficiency. These funds must be provided.3. THE ACT AND PLANSIt is important to consider and understand a number of the provisions in the relevant Act and in the Plans prepared by the Trust.In the Sydney Harbour Federation Trust Act 2001 the Preamble states: “The Parliament intends to conserve and preserve land in the Sydney Harbour region for the benefit of present and future generations of Australians.” Important sections of the Objects clause oblige the Trust “to protect, conserve and interpret the environmental and heritage values of Trust land” and “to maximise public access to Trust land”. One function of the Trust is “to promote appreciation of Trust land, in particular its environmental and heritage values”.In the Trust’s Comprehensive Plan for all the sites, there is a section ‘The Trust’s Approach to Planning’. It states “The Trust, by contrast, is seeking the most appropriate outcome, inspired by the intrinsic values of the lands, one that will be of most benefit to all Australians now and for the future.”One of the aims of the Management Plan for Middle Head is “Regenerate and expand the bushland so that the sense of a ‘green’ gateway to Sydney Harbour is reinforced”.4. MIDDLE HEADThe natural values of Middle Head and Georges Heights are of national and international significance. This applies to both the Trust’s lands and the adjoining Sydney Harbour National Park. Middle Head is a wonderful natural headland dominating the entry into Sydney Harbour. The foreshore areas between Manly and the Zoo – the bushland, harbour beaches, water vistas and much more, have been identified as exceptional places to be experienced by visitors and the community.The Sydney Harbour National Landscape (SHNL) was launched in February 2013. Its boundary follows the foreshore areas of Sydney’s harbour and coast from Barrenjoey in Ku- ring-gai Chase National Park to North Head, on through Middle Head to the Harbour Bridge and to Parramatta Park, back to South Head and down into Royal National Park. SHNL was chosen by Tourism Australia and Parks Australia as being one of the 16 best destinations to experience Australia’s outstanding nature and culture. Middle Head is a critical part of this assessment.
Above: Ten Terminal and Barracks site at Middle Head proposed for aged care facilityThe Australian School of Pacific Administration (ASOPA), the 15 weatherboard ‘huts’ on the right as you proceed east along Middle Head Road past the oval, was built in 1941 and is of considerable heritage significance. It recently has been ‘restored’ and renovated keeping its heritage values and leased. This has been done to the Trust’s best practice standard. Public access has also been maintained.The School of Military Engineering (later Ten Terminal) was built c1941. During the Second World War it was occupied by the School of Military Engineering Anti-aircraft and Fortress Wing. The School of Military Intelligence occupied the buildings from 1958 and the Ten Terminal Regiment from 1974 to 1998. In 1998 it was handed to the Sydney Property Disposal Unit. The community battle prevented its sale to private developers. It remains unoccupied and has not yet been ‘restored’ and renovated.The three timber Barracks buildings and laundry are on the left hand side of Middle Head Road just past the Oval proceeding east. Apart from the small ‘Guard House’ close to the oval which is to be kept, there are no other structures on what is a natural area abutting the National Park. The Barracks were built 1951-55 and are not occupied.
Above: Ten Terminal is comprised of the buildings at top left centre, the Barracks are the three buildings in lower part of photo and ASOPA is the collection of light coloured ‘huts’ top right5. HERITAGE ASSESSMENTThe applicant for an aged care facility on Middle Head has lodged a ‘Heritage Impact Statement’ (heritage report) with the application.The heritage report in relation to the Ten Terminal precinct states:“The former brick and tile World War 2 School of Military Engineering buildings at Middle Head (later Ten Terminal) form a relatively rare collection of such buildings at a National level. Within NSW only the almost contemporary School of Artillery at North Head and the former 12 Lines of Communication complex at Boronia Park (Gladesville) are known to survive outside military establishments.”“Although used variously for training and administration, substantial documentary and physical evidence of the original configuration and detail of the building survives, including window joinery, doors and partitions.”Ten Terminal is listed on the Commonwealth Heritage List. Clearly it is of considerable heritage significance given its design, rarity, intactness, history and setting on significant public land adjoining the national park. It should be restored with appropriate uses.Appropriate uses for Ten Terminal could involve the interpretation of that site and ASOPA adjoining, interpretation of the natural values of Trust land and adjoining national park, and of the important Aboriginal occupation of this area. It is the only site that could give direct information to visitors who wish to enjoy and learn about Middle Head.The Barracks buildings on the other hand are of low, if any, heritage significance. They are considered in the report:“The assessment of significance of III Anti-Aircraft Battery Barracks Precinct concludes that it does not, as a specific part of the Middle Head and Georges Heights military area, reach the thresholds of the Commonwealth significance assessment criteria.”In my view the natural values of the northern side of Middle Head Road past the oval heading east far outweigh any argument for the retention of the Barracks buildings. They must go.6. THE AGED CARE PROPOSALThe application is for a 93 unit private residential aged care facility on public land at MiddleHead.It is proposed to be on both sides of Middle Head Road, the route that leads directly to the Middle Head entrance of Sydney Harbour National Park.
Above: Blue is the existing footprint and Below: Red is the proposed footprint and yellow is private open space 
It is intended to add a second storey, slightly set back, over the existing single storey buildings of Ten Terminal. In doing so the whole character of Ten Terminal is visually and factually changed. Its heritage values are seriously adversely affected.The footprint of the new facility is greater than existing, as can be seen in the plans and drawings and in the model. There is to be ‘screening’ landscaping around the facility which will also include a secured outside area for dementia patients. Instead of being able to walk through the collection of buildings and into some or all of the buildings, the public will be kept out of what would become a private facility. This is contrary to the object of the Act “to maximise access”.
Above: The applicant’s model of the proposed aged care facility showing the significant adverse impacts to the character and heritage values of the existing Ten Terminal buildingsThe applicant’s heritage report states:“The proposed adaptation of the former School of Military Engineering to provide an aged persons' health care facility will cause significant physical changes to the fabric, form and interiors of some building elements and the setting of the precinct.”The extended and enlarged footprint and an underground car park for a new building to replace the three Barracks, all this in an area that should become a natural place, means one thing. This building must never happen.The aged care facility is clearly contrary to the object of the Act to protect, preserve and conserve the environmental and heritage values of these significant lands.It is also contrary to the Trust’s Comprehensive Plan, to the way it is obliged to go about its planning and the way to date it has gone about its planning. The record of the Trust is without equal in Australia. What it has achieved at Chowder Bay, at Woolwich, at Georges Heights and to date at Cockatoo and elsewhere is truly remarkable and has brought great credit to all involved. It is also one of the few Government bodies that genuinely listen to community. What the community asks is for the Trust to maintain its high standard.7. WHAT SHOULD HAPPEN(a) The application or proposal should not proceed. Alternatively, if it does proceed it should be rejected. It is simply not appropriate.(b) The Barracks must come down. This area adjoining the national park should be natural. (c) Ten Terminal must be restored given its significance.(d) Appropriate uses for Ten Terminal, after further consideration by the Trust and community, could include the interpretation of its significant values, interpretation of ASOPA and the natural areas of both the Trust’s lands and the national park. It could also provide information for visitors and others who are coming to Middle Head.(e) One matter that I also have a very strong view on is that somewhere on Georges Heights or Middle Head there should be a place that recognises the incredible culture and history of the Aboriginal peoples, generally and as it relates to this particular area. The site of Ten Terminal or part of it or nearby land may or may not be an appropriate place. What is or is not appropriate must come from Aboriginal peoples. No other way is acceptable.(f) The Trust and National Parks should work very closely in the way they welcome people to Middle Head and how they interpret and care for Middle Head.(g) The call from the community to the Trust is clear. Keep your high standards. The community fought hard for this. The Act is clear and insists upon it.(h) The call to the Government is also clear. Properly fund the Trust. Get it to the point where its buildings have been restored to a level for appropriate uses or leasing. Then it can truly be said that the Trust is self-funding. It can then also be said that the Trust’s sites embody world’s best practice.Phil Jenkyn OAM4 February 2014
Street Address
City, State, Zip
Phone Number
Your Custom Text Here