Sydney Harbour Federation Trust Act of Parliament 2001

Save Middle Head Team comment 14 December 2013

Attendees at the Sydney Harbour Federation Trust Public Board meeting 3pm Wednesday 11/12/13 demonstrated a deep understanding and commitment to the Sydney Harbour Federation Trust Act.In the questions and comments from the floor following 10 minute presentations to the Board by Linda Bergin OAM, Coordinator Save Middle Head and the proponent of the Development, Teelia Peploe, several members of the community requested the process be suspended to allow for an extension of community consultation.They challenged the legality of the proposed Amendments to the Middle Head Management Plan and questioned the validity of such Amendments to accommodate the proposed Development of an aged care facility.They were united in their praise of the achievements of the Sydney Federation Harbour Trust so far but dismayed by the lack of community consultation.Ms Anthea Tinney, Chair of the Sydney Harbour Federation Trust Board thanked community members for attending. Mr Geoff Bailey, Executive Director, Sydney Harbour Federation Trust told around 150 people who were present that "From hereon the Trust has a rather large task to assess a couple of  hundred submissions. Those submissions raise various and many issues which need to be pursued and adequately understood by the Trustees before they make a decision. From hereon they may well be asking the executive to provide them with further information on anything from views and vistas to and from the Harbour, traffic matters, and of the myriad of issues you raise in your own submissions and other issues that the Trustees themselves may raise. "How long that will take……..there's no timetable for that, but it's likely to take the next couple of months I would think."Save Middle Head TeamLinda Bergin OAM, Coordinatorsavemiddlehead@gmail.com

The Trust needs to consider other options

Submission to Sydney Harbour Federation Trust 10 December 2013By Fran LesterReproduced with permission

Submission re the Draft Amendment and Proposed Residential Aged Care Facility

I am writing to voice my concerns in relation to the above proposals, not because I happen to live in Mosman but because I am an Australian citizen.Approximately fifteen years ago I watched with admiration when Don Goodsir and Linda Bergin fronted the Headland Preservation Group and were instrumental in persuading the Federal Government to form what is now known as the Sydney Harbour Federation Trust. The Trust has been the guardian of the historic, harbour parklands entrusted to it and to date has done an excellent job  of adhering to the terms of the Act and maintaining the spaces for public use.I am a fifth generation Australian and the only member of my family to live in close proximity to one of these parklands.  The other members are scattered from the north coast of New South Wales to Bawley Point in the South. Whenever they come to visit me however, they always make a point of doing a walk through the bushland to Middle Head to take in the magnificent views.My point is - the Sydney Harbour parklands are not just for locals.  They are not just for Sydneysiders. They are for all Australians and perhaps just as importantly, for international visitors.  The parklands are historic and perhaps none more so than the Middle Head park. To build a new, large  and - from the look of the artist's drawings - rather ugly building that would be more in keeping with an urban, built-up area in the middle of the foreshore bushland is a particularly horrifying idea.The fact that there will be a substantial high care component and a dementia day care facility is also troubling.  Both of these proposals are inappropriate for public parkland as there will need to be 24 hour security services and nursing care.We all want to see more aged care facilities that are situated in pleasant surroundings and operated by experienced providers.  Perhaps in this regard low care residential accommodation could be a possibility at Middle Head and existing buildings could be adapted for re-use in keeping with the mandate given to the Trust.  A more comprehensive tender could be instigated inviting a variety of aged care facilitators to come forward with ideas.  The idea of an Aboriginal history museum on the headland is also an excellent one and very appropriate for the site.As the current custodian of our precious foreshores, the Trust needs do the right thing. It needs to look beyond the current proposal and consider other options  that would be in keeping with the terms of the Act.Kind regardsFran Lester

Suspend proposed Amendment and Development for Middle Head immediately

Submission to Sydney Harbour Federation Trust 11 December 2013By Marta Sengers and Michael MangoldReproduced with permission

RE:  1. Draft Management Plan for Middle Head Precinct (Amendment 1) and 2. Proposed Development – Residential Care Facility

We strongly oppose both the proposed Amendment of the Harbour Trust’s Management Plan and the proposed Development of a residential aged care complex on the 10 Terminal site.The proposals on both counts must be suspended immediately to allow the Harbour Trust to:

• consult with the communities of Mosman and Sydney on the detail and impacts of these proposals on the Harbour Trust, 10 Terminal, other Harbour Trust sites
• make the input from these communities know to Tony Abbott MP for Warringah, Greg Hunt MP and Minister for the Environment and Joe Hockey MP for North Sydney
• urge Greg Hunt MP, Minister for the Environment, not to approve the proposed Aged Care Complex on the 10 Terminal site
• urge Joe Hockey MP and Federal Treasurer to provide sufficient funding to allow the Harbour Trust to fulfil its existing Management Plan and negate the need to amend it or compromise it by entering an enduring agreement with Middle Health Care Pty Ltd, a shelf company and vehicle for investment by WP Investment Holdings and other investors

1. Draft Management Plan for Middle Head Precinct (Amendment 1):

We strongly oppose the proposed change to the Draft Management Plan for Middle Head Precinct. As stated in The Plan the Trust was formed:“To provide a lasting legacy for the people of Australia by helping to create one of the finest foreshore parks in the world and provide places that will greatly enrich the cultural life of the city and the nation.”AND to create a park to “link the natural and cultural assists of the site” with building to be adapted for use for educational, community and recreational uses.”The then Prime Minister John Howard said that the establishment of the Trust: “....will prevent any ad-hoc treatment of the return of the land to the people and it will ensure that there is maximum weight given to the desire of all Australians that the maximum advantage be derived in open space and recreational purposes in relation to the land.”The proposed changes are in total conflict with the original intent and vision for Middle Head and would set a dangerous precedent for other public land currently managed by both the Sydney Harbour Federation Trust (SFHT).The SFHT has proposed the changes in response to the specific requirements of a developer and if implemented will send a clear message to all developers that the Plan can be changed and bent to the benefit of their commercial interests.The proposed Amendment facilitates the construction of a large, commercial development for private purposes of around 30,000 - 40,000 square metres (not 11,000 square metres as suggested in the development application) of public land that would exclude the vast majority of the public.The Amendment will allow residential development on public land the conflicts of interest that led to the formation of the community’s Headland Preservation Group and ultimately the Sydney Harbour Federation Act of Parliament and the formation of the Harbour Trust to utilise, secure and protect public land from residential development.The proposed Amendment conflicts with the SFHT Act and the Objects of the SFHT as does the proposed development of an Aged Care Complex on the 10 Terminal site – the Amendment would otherwise not need to be proposed.The proposed Amendment and proposed Development are part and parcel of a single process instigated to expedite and to a large extent bypass public consultation by making the community aware of the proposals in the busy pre-Christmas period thus limiting the opportunities for members of the community to study, research and understand what is being proposed and to provide meaningful feedback to the Harbour Trust and to Tony Abbott MP for Warringah, Greg Hunt MP and Minister for Environment, and Joe Hockey MP for North Sydney and Federal Treasurer.The Sydney Harbour Federation Trust Act was enacted by Federal Parliament to:

• ensure that management of Trust land contributes to enhancing the amenity of the Sydney Harbour region;
• protect, conserve and interpret the environmental and heritage values of Trust land;
• maximise public access to Trust land;
• establish and manage suitable Trust land as a park on behalf of the Commonwealth as the national government;
• co-operate with other Commonwealth bodies that have a connection with any Harbour land in managing that land;
• co-operate with New South Wales, affected councils and the community in furthering the above objects.

The public land 10 Terminal is on Middle Head and indeed all public land managed by the Sydney Federation Harbour Trust belongs to the people of Australia.The Harbour Trust is legally, politically, socially, morally and environmentally bound maintain and fulfil its management plan  to uphold its moral and social responsibility without Amendments to ensure the public land it has been given responsibility for is preserved and protected for everyone, forever. And not allowed to be alienated and exploited for the benefit of a shelf company, developer and investors!

2. Proposed Development – Residential Aged Care Complex:

We strongly oppose the Development proposed by Middle Head Health Care as outlined in the Development Application. This type of development created an outcry on the late 1990s and was the reason behind the formation of the Headland Preservation Group and the formation of the Sydney Harbour Federation Trust to enable former defines sites to be returned to the public and held in Trust for all Australians.To date the Trust has done an admirable  job of creating the Headland Park at Georges Head and Middle Head and sensitively re-using and adapting existing buildings in a way that has a low impact on the surrounding parkland, generates revenue and keeps public land open and accessible to local residents and the wider community of Sydney and beyond.The commercial components have allowed small companies to flourish and be part of a vibrant community that includes cafés, yoga studios, gyms, consultants and small businesses. In keeping with the Harbour Act these businesses have a light footprint that do not affect the fabric of buildings or their surroundings and prevent their use for other applications. They are not residential and they do not operate 24/7. Lease terms are limited and rents realistic and inline with other commercial properties in and around Sydney.The proposed Development has been put forward by a shelf company which is a vehicle for investors. It is a large private commercial residential development to be built on the Middle Head ridge line on public land on over 30,000 square metres on both sides of Middle Head Road. The development will be given a 20 – 25 years lease and will operate 24/7 within Headland Park, a truly national park created for all Australians and directly responsible to the Australian Parliament and Government.The proposed Development will exclude the vast majority of the public. It does not fit with the Harbour Trust’s vision that:“The plan proposes the creation of an exciting Headland Park at Middle Head… The park will link the natural and cultural assets of the site…. facilities and buildings will be adapted for educational, community and recreational uses.”Having studied the development proposal closely and at length we present the following points from a considered and informed position:

• size and scope of the proposal is of a large scale when compared with other aged care facilities (almost double when compared to many other in and around Mosman)
• there is provision for demolition of the existing Barracks buildings and the construction of completely new structures on the northern side of Middle Head Road, much larger and not within the existing footprints
• all the 10 terminal buildings that are currently standing as separate structures with a lot of space in and around them will be joined together, widened and then the whole structure will have a second storey addition. It will be unrecognisable.
• open grassed and garden areas will be fenced off and cosmetically landscaped in a style completely out of character with the bush environs.
• the new buildings in the proposed Development have a new orientation that will reduce visibility to and from the historic Sydney Harbour National Park on Middle Head at the end of Middle Head Road
• large physically and visually disruptive solid steel fire protection walls will be built to reduce bush fire risks which in itself raises a very serious question about the suitability of the site for aged care residents whose mobility is severely impaired and the emergency provisions that would be necessary to evacuate them from a dead end Headland.
• the proposed Development would envelop both sides of Middle Head in the final approach to Sydney Harbour National Park at the end of Middle Head Road.
• the proposed Development includes provision for a towing vehicle with a trailer to ferry meals, supplies and waste from one side of the road to the other at regular intervals every day.
• the proposed Development includes provision for access side roads and service vehicle bays on both sides of Middle Head Road
• the proposed Development includes provision for the widening of Middle Head Road (and the arteries from it referred to above) to allow access for ambulances (there is provision for a designated driveway and bay to be located at the section of the existing 10 Terminal building with the high roller doors.
• it is unrealistic to expect that given the purpose and scope of the proposed Development of an Aged Care Complex that transport and traffic along the length of Middle Head Road and at the end of dead end Middle Head Road where the proposed Development is sited, will not result in significant increased in service vehicle, emergency vehicle, medical and visitor traffic.

Conclusion

We oppose without reservation both the proposed Amendment of the Harbour Trust’s Management Plan and the proposed Development of a residential aged care complex on the 10 Terminal site. We require the Harbour Trust to:

• suspend the proposed Amendment and Development immediately
• enlist the support of the community to urge Greg Hunt MP and Minister for the Environment NOT to approve the proposed Development of an Aged Care Complex on 10 Terminal
• enlist the support of the community to urge Joe Hockey MP and Federal Treasurer to provide sufficient funding to allow the Harbour Trust so that it can renovate 10 Terminal, Middle Head and Platypus, Neutral Bay, to reject the proposed Development of an Aged Care Complex and thus obviate the need for the proposed Amendment to its management plan.

Yours faithfully,Marta Sengers and Michael MangoldCremorne Point

Trust's proposed amendments would permit future inappropriate development

Submissions to Sydney Harbour Federation Trust10 December 2013By Sue and Rodney BirdsallReproduced with permissionSUBMISSION TO SYDNEY HARBOUR FEDERATION TRUST REGARDING THE PROPOSED AMMENDMENTS TO THE MIDDLE HEAD MANAGEMENT PLANWe oppose all the proposed amendments as they principally relate to the development application for a residential care facility at Middle Head which we totally oppose – see our attached submission [below] regarding the development application.We disapprove also because the proposed amendments would appear to increase the ambit of the management plan to permit future inappropriate developments and loss of public space. Some examples are: on page 38 referring to replacement buildings, page 42 referring to additional structures and second storey additions, page 45 referring to enclosed garden for private use and figure 15 referring to possible visitor accommodation.SUBMISSION TO SYDNEY HARBOUR FEDERATION TRUST REGARDING THE DEVELOPMENT APPLICATION FOR A RESIDENTIAL CARE FACILITY AT MIDDLE HEADWe believe the development referred to above should not proceed for the following reasons:(a) A significant area of public land would be converted to exclusive private use. A large and obtrusive set of buildings with fenced and quarantined areas would be developed.(b) A large area of public open space would be lost – this is a huge development covering between 7½ to 10 acres. The Sydney Harbour Federation Trust (SHFT) is supposed to protect public land. If this development goes ahead the SHFT would be betraying public trust.(c) Middle Head is a much loved open space for Sydneysiders and people from all over Australia. Picnics, bush walks, a quiet and peaceful stroll down Middle Head to examine the historical forts at the end, school excursions and safe family bicycling are some of the popular pursuits. It is a quiet and peaceful area and much needed in any large city such as Sydney.(d) The impacts on the Middle Head area from the use that was explained by the developer as catering for elderly, very frail and high care residents, seem not to have been examined properly or have been under evaluated – for example visiting medicos, ambulances, security personnel, entertainers, staff, relatives and other visitors (who require parking and even it seems in some cases accommodation (figure 15 of the proposed amendments to the Middle Head Plan includes (in red): “other permissible uses including visitor accommodation in addition to offices, studios, educational or similar”). Accommodation would also be required for night-time staff in addition to the 93 units for elderly people. A huge residential facility in total. Road safety risks seem to have been ignored.(e) Whilst the financial modelling of the project has not been disclosed to the public, at a published upfront cost of $33 million and a remaining lease period of some 19 years (current lease expires in 2033) which includes project development years, the proposed project is likely to have significant financial risks which could impact on its viability both in short and medium term. The SHFT and the people of Australia could be left with a half-finished or defunct project. Very little information has been given about the developers. They have no identified experience in aged care, possibly no business experience and their presentation on site at the public meeting on Tuesday November 26th relevant question is how much of the $33 million will go to the Trust?(f) Public consultation has been last minute and extremely limited – a letter box drop to some streets in Mosman, and more recently an advertisement in the Mosman Daily newspaper. There have been no notifications in national or state newspapers, in other community newspapers or on national or local radio stations.(g) In terms of impact on local suburbs it doesn’t take much logic to work out that Middle Head Rd in Mosman will be impacted significantly as will the already overloaded roads through Mosman Junction and Spit Junction.(h) This development does not support the aims of the SHFT’s Middle Head Plan as stated:• Conserve and interpret the Commonwealth heritage values of Middle Head• Maximise public access• Facilitate adaptive reuse for ‘appropriate’ uses• Integrate the precinct with adjoining lands as part of a unified Headland Park and network of open space. (Sydney Harbour Federation Trust Management Plan – Mosman No 7 Middle head, 7 June 2007, Aims of this Plan, page 5)Nor does it support the majority of the further 12 aims on the same page.Up to now the SHFT has done a great job which is much appreciated. As a local resident we have noticed the increase in Sydneysiders as well as other Australians and tourists enjoying the area, its bush, serenity, open spaces and attractively restored heritage buildings. We urge the SHFT to continue this wonderful work and to protect the area from developments such as the one outlined in the development proposal.Sue and Rodney BirdsallMosman

Save Middle Head – a beautiful precious area – for future generations

Submission to Sydney Harbour Federation Trust10 December 2013Name withheld by requestReproduced with permissionDear Sydney Harbour Federation Trust:The following is my submission of comments regarding

1. Draft Management Plan for Middle Head Precinct (Amendment 1), and
2. Proposed Development – Residential Care Facility.

I oppose both the Amendment and the Proposed development.During the active debate regarding these topics in the community and on several radio shows many points have been brought up regarding the appropriateness, legality, and thoughtfulness of the Amendment and Proposed Development.While I strongly agree that these proposals go against what the Trust should be striving for, my objection is not because the renderings of the buildings are particularly unattractive or because I’m concerned about the quality of care that would be given by the proponent.  It is simply a matter of preservation of history and unique public spaces.I was never able to see the old Pennsylvania train station in New York as it was demolished in the 1960’s.  From pictures and records I can tell it was an amazing structure with a beautiful glass and steel central atrium.   I have been lucky enough though, to see Grand Central Station.  There was a time that was going to be demolished as well, but through community action, it was saved.  We rarely regret the old buildings of historical significance we keep.  The Rocks in Sydney is a great local example.There are plenty of other appropriate sites for residential care facilities to be built.  Australia has more land per capita than most countries.  However, we only have a few precious areas that are as beautiful and of as much historical significance as Middle Head and other sites managed by the Trust.  It would be a pity to begin going down the path of overdeveloping them, destroying the opportunity for future generations to experience them.My request is simple:  Look at the big picture, think long-term, and preserve this treasure we have all been handed and you have been asked to manage.Best regards,Tenant of the Trust at Georges Heights

What incentives made the Harbour Trust think blatant reversal of ideals would be ok?

Submission to Sydney Harbour Federation Trust9 December 2013Name withheld by requestReproduced with permissionDear Trustees,What are you doing?Please accept my strong opposition to the proposed development of the land that is in your trust at Middle Head - for the use of a lucrative commercial privately owned old age Facility.With an undignified haste you have tried to set in motion a scheme that can only lead to a permit for the future decimation of the wonderful heritage that is located here in Mosman.Surely you cannot in your right mind think the residents of Sydney would be happy with your silent, till now, plans to “sell off” such a large area of the land for which you are supposedly the trustee.Hopefully with the pressure from the public - that you are supposed to be looking after - you will come to your senses and reverse you decision.Finally, one can only wonder what incentives made you think this blatant reversal of the Harbour Trust ideals would be ok?Yours SincerelyName withheld by request

Middle Head Aged Care development proposal is greedy, big and conspicuous

Submission to Sydney Harbour Federation Trust11 December 2013By Bruce CunninghamReproduced with permissionDear Sir,The adapted usage of the Middle Head parklands, has to date, been exemplary. The elegance and simplicity of the existing structures is central to the success of the project.The proposed plans for the aged care facility are way out of keeping with the existing theme.*  The new buildings are in stark disharmony with the heritage structures*  The continuum structure which replaces the three 'demolished' buildings is confronting*  It's a bit greedy. Too big. Too conspicuous.Reversion to green space would be my choice. An aged care option is reasonable but would have to be scaled back to permit a dignified coexistence with the other structures ( and tenants who have shown extraordinary restraint.)Bruce CunninghamMosman

Disappointing that the Trust proposes to change the rules to accommodate a commercial developer

Submission to Sydney Harbour Federation Trust
11 December 2013
By Marion McMahon
Reproduced with permission

RE CHANGES TO THE PLAN OF MANAGEMENT

I strongly object to the changes suggested to the SHFT Plan of Management which has been engineered to accommodate one particular application for a private commercial overdevelopment at The Barracks and Terminal 10 Buildings.

The only parts that I agree are:

The proposed change to add "compliance with bushfire regulations". This is a high bushfire prone area and I am confident that the proposal will NOT get certification from the Bushfire Safety Authority, i.e. Rural Fire Service because it is an aged care facility and also a day hospital and , therefore, qualifies (twice) as "Special Fire Protection Purpose Approval" and as this is an "environmentally sensitive land" which can include land identified as being bush fire prone land.  Consequently SEPP Senior Living proposal may not be permitted on those areas". (SEE PLANNING FOR BUSHFIRE PROTECTION 2006).  This is a high level bushfire prone land and I am confident that it will not be approved by the RFS in order to protect the vulnerable residents.

The other part is "Any additional structures must not detract from the significance or views to or from the site" and "Any additional structures must not detract from the significance or views to or from the site."

The proposed development will adversely affect views to Middle Head from Middle Harbour

It is disappointing that the rules (Plan of Management) are to be changed to accommodate a commercial developer who stands to make a huge financial gain from public loss.

If the new Plan of Management and proposed development is approved, it will sully the reputation of the Harbour Trust.

Marion McMahon
Misman

Letter to Linda Bergin

Letter to Linda Bergin
11 December 2013
Reproduced with permission

Dear Ms Bergin,

My friends have informed me about the Development Application. Came as a surprise as I believed this was public land not to be used for such a large scale development.

Perhaps the only was to fight this development is to look to other uses and get support from say the Australian Museum, Botanical Gardens and Taronga Zoo.

Check out the Sydney Institute of Marine Science (at Chowder Bay) website - supported by many local Universities.

This would be an ideal site for a research centre for biodiversity in the Sydney area.

It could be set up for research and education for small mammal, reptile and insect populations in the Sydney region. There could also be a breeding programme.

There are many primary schools on the lower north shore. This would be a wonderful opportunity to set up a study centre open for small school groups.

The Botanical Gardens could be involved with planting and  information on local plant species. A name which comes to mind is Dr. Frank Talbot, a past Director of the Australian Museum who may live in Mosman. Perhaps time to get the scientists on board to come up with a proposition. This is such a perfect site and I'm sure local residents wouldn't object to the occasional bus of school children passing by.

Regards
Name withheld by request

Middle Head is not right area or place for aged care/retirement facility

Submission to Sydney Harbour Federation Trust
11 December 2013
Name withheld by request
Reproduced with permission

Dear Sir,

I am a registered nurse, semi-retired, still working permanent part-time one day a week in nursing homes/aged care, and have many years experience in this area. (Many years ago I was actually a director of an aged care facility in SA, when living in SA).

I submit: Middle Head and the Headland Park is not right area or place for aged care/retirement facility.

1. Many people in such facilities are already into their 90's +, therefore don't drive, and their relatives are also elderly. Mobility (to shops etc etc) a concern. +visitors access and ease of visiting a concern.
2. Parking (approx 50 in proposal) totally inadequate. Apart from residents cars, continual visitors, medical specialists, tradesmen, service personnel, etc, etc, etc.
3. Staff – very many staff in this profession /occupation are students and/or people who are not paid well. Many come from western suburbs. Need to be near regular bus/train transport.
   Facility at Middle Head will probably have difficulty attracting required staff.
4. Financial – some research indicates such facilities now charge bonds upwards of $400,000, and monthly payments upwards of $5,000/month.
   Have proponents done due diligence on whether proposal will be able to attract such fees?
   Have the SHFT cross checked such information, and/or done their own independent analysis?

Yours faithfully,
Name withheld by request

Trust should reject the commercial development of our public land

Submission to Sydney Harbour Federation Trust
10 December 2013
by David Henderson
Reproduced with permission

To the Harbour Foreshore Trust

Firstly you should be thanked for the stewardship of the Trust over the last 13 years. You have held true to the philosophy of the Deed and delivered to the Australian public a special place on the foreshores of Sydney Harbour. The idea of public space for the Australian public today and for generations to come, I consider is the essence of your charter. My objection to the redevelopment is based upon the following issues;

1. What is being proposed is illegal.
2. The Trust’s plan clearly states it should be your endeavour to deliver the maximum amount of open space to the Australian public. Not to hand over to private enterprise key areas for development with restricted public access.
3. It should be up to the Australian public to have sufficient time to review ALL proposals and come to a decision based upon the goal set out in the plan.
4. There is a distinct sense the discussion has been going on for some time without open consultation with the community.

There are many other reasons including traffic congestion , heritage , pollution etc, but for me this proposal would betray the essence of the vision that lead to the forming of the Harbour Trust in the first place. I believe you are custodians of the Trust not the architects and as such you should be rejecting the commercial development of our public land.

David Henderson

Middle Head Development proposal seeks to turn Public land to a Private enterprise

Submission to Sydney Harbour Federation Trust
10 December 2013
Name withheld by request
Reproduced with permission

RE: Proposed Aged Care Facility in Middle Head Road, Mosman

Dear Sir / Madam,

I am writing to object to the proposed Aged Care Facility at the end of Middle Head Road, Mosman.

My reasons are not purely personal but on a good practice planning basis which takes into account the silent majority.

My concern is that the following have not yet been thought through deeply:

• The proposal seeks to turn Public land to a Private enterprise. What kind of a Trust does that? What next?
• Whilst an Aged Care facility is laudable, how easy would it be to change the use to unrestricted Residential? This nearly happened in Woollahra.
• There has been steady amplification of uses by the Harbour Trust in this area over the years. It was established to: “conserve and preserve land in the Sydney Harbour region for the benefit of present and future generations of Australians”. This does not include indulging in property development. The legislated objectives of the Harbour Trust must be the guide when considering any proposal.
• Intensification of the uses of the Harbour Trust land has already increased the traffic in the area – not just Middle Head Road. Observe the sole feeder road, Military Road, even outside peak hours. The AADT trend in Mosman has not been considered in this proposal.

In summary my objection is that the Harbour Trust proposes to stealthily destroy the very reason for its existence simply because of cost pressures to its own budget.

Please acknowledge receipt of this communication and confirm that you will place it before Ms Anthea Tinney, Chair of the Harbour Trust Board.

Yours sincerely,
Name withheld by request

Save Middle Head – development is not acceptable

Letter to Sydney Harbour Federation Trust
10 December 2013
Name withheld by request
Reproduced with permission

Mr Daniel Sealey
Manager, Planning

Residential Care Facility
Middle Head

With regard to the letter sent to us by you about this development application, we would like to object to this overdevelopment  in such a sensitive area.  This is not the right place for a development of this magnitude, 93 units plus all the ancillary buildings that will have to be built as well.  The Harbour Federation Trust is supposed to be keeping this area in as natural a state as possible and this is not the right kind of development on many levels.

Traffic up and down the only road available is already at a premium with all the development already there, and it would become a nightmare when you factor in ambulances, many staff cars, deliveries etc , etc.  It is already hard enough to try and exit from Methuen Avenue into Middle Head Road where it is impossible sometimes to see if any cars are coming, usually at speed too.

The Sydney Harbour Federation Trust have to disallow this development and other amendments to it that would surely follow.  This is not acceptable.

Regards
Name withheld by request

LInda Bergin Submission: The Trust and the Minister must not approve this proposal

Submission to Sydney Harbour Federation Trust
10 December 2013
by Linda Bergin OAM
Reproduced with permission

Re: Comment on 1. Draft Management Plan and 2. Proposed Development

This is a submission on the Draft Management Plan for Middle Head Precinct (Amendment 1) and the Proposed Development – Residential Care Facility, which the Sydney Harbour Federation Trust has posted for public comment.

I am the Coordinator of “Save Middle Head” (www.savemiddlehead.org), which is a group of concerned citizens who oppose the Proposed Development and the associated Management Plan Amendments. I was one the founders of the Headland Preservation Group, Inc., which was formed in 1996 to oppose the sale of surplus Defence land on Sydney Harbour.

The Howard Government established the Sydney Harbour Federation Trust in 1998 to convert this land into a national park for all Australians saying “... that the maximum advantage be derived in open space and recreational purposes...” These same sentiments are found in the preamble to the SHFT Act, which states: “The Parliament intends to conserve and preserve the land in the Sydney Harbour regions for the benefit of present and future generations of Australians...Suitable land with significant environmental and heritage values will be returned to the people of Australia.”

I object in the strongest possible terms to the present proposal, which is totally contrary to the vision of former Prime Minister Howard and the Objects of the Sydney Harbour Federation Trust Act.

The scale, form and type of development are exactly what the Trust was set up to prevent.

I would respectfully ask the Trust and the Minister to

1. Not approve the present aged-care proposal or a scaled-down version.
2. Establish a new fully-open and transparent process to consider the fate of the sensitive “10 Terminal” site.
3. Fully involve the community in this new process, including the establishment of a special purpose “10 Terminal” community consultative committee.

Residential occupation of public land

Sensitive commercial uses presently on Trust land are not seen as proprietorial, i.e. they are not full-time users operating 24/7. All present uses align with the Objects of the Trust. However, a full-time residential care facility would be seen as “squatting” on public land and asserting proprietorial rights over what is regarded as belonging to the community as a whole. A 25-year lease would reinforce that perception.

This residential accommodation would be used by people towards the end of their lives. The residents would be expected to pay bonds in excess of $550,000 to be able to reside in the proposed development. We could safely say that there would be considerable pressure placed on the Trust at the end of the 25-year lease to extend the term of that lease because of the impact of moving vulnerable, elderly people from their accommodation, and the scale of the investment (over $30 million) by the developer. Therefore this proposal is clearly inappropriate on public land.

There is no genuine public element in a residential aged-care use.

Scale and Form

The size of the development “site” is large, between 30,000 and 40,000 SM, or 7 ½ to 10 acres (not 11,000 SM as stated by the proponent). The development essentially covers this entire area, when you include the increased footprints, the enclosed gardens, and the parking lots.

It is located on the ridgeline, and will be visible from Sydney Harbour.
This is large-scale new development not adaptive-reuse of built heritage. Presently the only buildings on the site with significant heritage value are the red-brick “10 Terminal” complex.

The proposed development aims to replace and expand non-heritage buildings and parking lots. Therefore this is in fact a LOSS of potential open space. There would be an increase in gross floor area from approximately 4,200 SM to 7,500 SM, the vast majority being new floor space. The application also includes 122 car spaces. The cost of the works is over $30 million.

Some demolition and adaptation of existing buildings has occurred in the past, but there has been nothing on Middle Head of the scale of the proposed development. That the proposed development would restrict access to the existing buildings is not the issue – that is often to be expected with many types of adaptive reuse and lease of buildings that are otherwise considered to be acceptable. What is different about this proposal is that extensive new buildings are to be constructed over land that could become open space. Also, the landscaped areas around those buildings will not be accessible open space. Therefore there is a loss of potential public open space.

Public Consultation

On June 18, 2013 the Trust Board resolved to proceed with the Middle Head Healthcare Pty Ltd proposal, and we assume the proponent started the detailed planning process at that time. The proponent Teelia Peploe states that they first approached the Trust in early 2012; however Middle Head Healthcare was not incorporated at that time.

The proposal was also mentioned mid-2013 (no Minutes appear to be available) at a meeting of the Community Advisory Committee, which we understand included around 20 persons from that Committee. However we are told that it was brief and at the end of a 2 hour meeting relating mostly to North Head and Cockatoo Island.

The vast majority of the local public were not aware whatsoever of this proposal until November 14 by way of a news story in the Mosman Daily. Although the Trust had previously placed a relatively small ad in the Mosman Daily on October 31, this was not generally seen (page 34 in Lifestyle section). Deadline for submissions was December 4.

Sometime in the first week of November the Trust letterboxed residents closest to Middle Head about the upcoming Trust Information Session. However I am not sure how many.

It was primarily because of the publicity provided by the Save Middle Head group that around 160 people attended the Trust’s Information Session on November 26 and the proposal became more widely known.

The deadline for submissions was extended to December 11.

Another public meeting by our group Save Middle Head was held on December 5 and attended by well over 100 people.

The proposal is very complex and the plans, while completely available on the Trust’s website, would be hard going for most people.

Legal

I have sought legal opinion from Jennifer Hughes, Partner, Baker & McKenzie. Summarised from that opinion as follows:

2.2 In our opinion, the Draft Amendment and the Development Application are both inconsistent with the objects of the SHFT Act and the objects of the Sydney Harbour Federation Trust ('Trust') and the Trust would not be acting in accordance with its functions if it were to make the Draft Amendment or approve the Development Application.

2.3 Further, the Development Application is not consistent with the Sydney Harbour Federation Trust Comprehensive Plan ('Comprehensive Plan'). Nor is it consistent with the Sydney Harbour Federation Trust Management Plan - Mosman No. 7 - Middle Head ('Middle Head Management Plan'), even if that plan were to be amended by the Draft Amendment.

2.4 As a result, it is our opinion that:
(a) the Trust does not have the power to make the Draft Amendment or to approve the Development Application;
(b) the Trust would be acting ultra vires if it were to make the Draft Amendment or to approve the Development Application; and
(c) any such decision of the Trust would be appealable in Court.

2.5 It is also our opinion that the Minister must approve the proposed activity under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) ('EPBC Act') before the activity may commence.

Yours truly,
Linda Bergin OAM (0498-744-299)
Coordinator, Save Middle Head
www.savemiddlehead.org
savemiddlehead@gmail.com

Private development on Middle Head will have a major adverse impact on the use of public land

Submission to Sydney Harbour Federation Trust
9 December 2013
by Robert Tobias OAM
Reproduced with permission

Dear Sirs

I write in respect of the Development Application from Middle Head Health Care for an aged care facility in the Middle Head Precinct involving the leasing, modification and adaptive reuse of existing buildings at 10 Terminal and the demolition and construction of new buildings in the location of the timber Barracks Buildings.

The excellent work done by you on the former military land at Middle Head dedicated by the Commonwealth Government risks being undone by this proposal.

10 Terminal and the timber Barracks Buildings do need to be demolished as they do not appear to me to have any historical or architectural merit and certainly subtract from the excellent restoration of other buildings in the vicinity. Replacing them with even larger buildings and especially buildings for private commercial purposes is not in keeping with land that was specifically given over for public space. I suggest they be demolished and turned over to grass land.

The Sydney foreshore area is precious. It is a limited resource and once developed will be lost to both the people of Sydney and its visitors. Sydney Harbour and the public will be best served by preserving as much of the Harbour's natural landscape as is possible.

The introduction of a private project with little or no community value defies the logic of a public space and the purpose for which the Precinct was established. Although there is a need generally for aged care facilities throughout Australia this facility will hardly have a material impact on that need but will have a major adverse impact on the use of public land by the public over generations as well as the visual environment of the area.

I would also mention that the access to the area is inadequate at present being serviced by a third rate roadway between Cobbitee Street and Chowder Bay Road which is already being used by the Navy, visitors to the area and commercial traffic servicing the commercial enterprises already established. Apart from the construction vehicles that will use the road there will also be the long term additional commercial traffic needed to service the aged care facility should it be built.

I am hopeful that your consultation is not a 'whitewash' that ignores the public interest over commercial interests.

Yours sincerely
Robert Tobias OAM

Letter to the Prime Minsiter the Hon Tony Abbott

Submission to the Prime Minister
9 December 2013
Name withheld by request
Reproduced with permission

The Hon Tony Abbott
Prime Minister,
PO Box 6022
House of Representatives, Parliament House
Canberra ACT 2600

Dear Prime Minister,

Proposed Development – Residential Care Facility Middle Head Park

We write to request that you intervene in the above proposal to build a major commercial development in Middle Head Park.

The Sydney Harbour Federation Trust has, till now, done an excellent job in preserving the heritage and environmental value of the Park.

The current proposal does not fit with the Trust’s stated aim of creating “the finest foreshore park in the world”. It is contrary to the objects of the Sydney Harbour Federation Trust Act enacted by Prime Minister Howard’s government. You played a pivotal role at the time in securing this legislation.

This proposal ties up public land for at least 20 years, effectively eliminating it from the Park.
This is not merely a local issue. It adversely affects the future of the Sydney Harbour Park which has historic and cultural significance at a national level.

We have also written to the Minister for the Environment on this issue

Your sincerely
Name withheld by request

Proposed development on Middle Head is not in line with the vision and intent of the SHFT Act

Submission to Sydney Harbour Federation Trust
8 December 2013
By Jillianne Weekes OAM
Reproduced with permission

Ms Anthea Tinney
Chairwoman
Sydney Harbour FederationTrust

Dear Ms Tinney,

Submission re Draft Management Plan for Middle Head Precinct
Proposed Development – Residential Care Facility

I am writing to express my concern in regard to the proposed plans for the Residential Care Facility for the Middle Head Precinct.

I have 3 main concerns:

1. This development application is not consistent with the SHFT comprehensive Plan, nor is it consistent with the SHFT Management Plan – Mosman No. 7 – Middle Head, even if that plan were to be amended by the Draft Amendment.
2. This development application is not in line with the objects of the Trust as set out in section 6 of the Act.
3. Nor are many of the functions of the Trust as set out in Section 7 of the SHFT Act upheld in relation to this development proposal.

The vision of the Trust is set out in the Comprehensive Plan.  It is stated to be:
‘To provide a lasting legacy for the people of Australia by helping to create the finest foreshore park in the world and to provide places that will greatly enrich the cultural life of the city and the nation.’

The proposed development is not in line with the vision as set out above and should therefore be stopped immediately.

The Draft Amendment and the Development Application propose a development that is contrary to the intention of the SHFT Act, as set out in the preamble of that Act as the development would detract from the conservation and preservation of land to the detriment to all but a small number of Australians – the Draft Amendment and Development Application propose the use and extensive development land for commercial interests that are inconsistent with the public nature of the land.

The Draft Amendment and the Development Application propose a development that is contrary to the objects of the Trust as above because they would:

• detract from the amenity of the Sydney Harbour region
• not protect, conserve or interpret the environmental and heritage values of Trust land
• prevent all but very limited public access to 11,000 sqm of Trust land.

I urgently request that the SHFT Board under your leadership, stop this development and look at more suitable opportunities in line with the vision and intent of the SHFT Act.

Yours sincerely
Jillianne Weekes (Mrs) OAM

No to Aged care facility!

Comment
8 December 2013
By B Worrall
Reproduced with permission

I want to commend the Harbour Trust for the good work they have done in Mosman thus far. But I am opposed to the proposed aged care facility.

In my experience with a family member at such a facility I can vouch that views/harbour are totally irrelevant to residents. So why build this development  on one of the prime spots in Mosman. It's an outrage! Residents in these facilities generally pine to be in their own homes and often spend their time watching tv, playing cards or sleeping. Bets are on they won't be sitting on the lawn overlooking the harbour waxing lyrical about the beauty of nature.

The west coast of California with its fabulous coastline is now nearly invisible and inaccessible to the public because it has all been built out and sold to private individuals. It's a crime. Don't do this to Mosman.

B Worrall
Mosman

the Sydney Harbour Federation Trust had a mandate to protect the beautiful foreshores of Sydney Harbour

Submission to Sydney Harbour Federation Trust
6 December 2013
By Kate Rae
Reproduced with permission

Dear Trustees,

RE: Draft Amendment to Management Plan and Development Application for Aged Care Facility

It was my understanding that the Sydney Harbour Federation Trust (SHFT), had a mandate to protect the beautiful foreshores of Sydney Harbour and “create a lasting legacy” for all Australians to enjoy “the pristine natural bushland” (quotes from the SHFT website).

The recent proposal at Middle Head for an Aged Care facility seems to be totally contrary to this purpose and suggests that THE TRUST (SHFT) has deviated from it duties and responsibilities on behalf of all Australians and, hence, betrayed our trust.

I wish you to reconsider your governance of this Sydney Harbour parkland and withdraw the above amendment and development application.

Yours faithfully
Kate Rae
Mosman

The land held by the Trust belongs to ALL Australians

Comment
5 December 2013
Name withheld by request
Reproduced with permission

[I] fully support the objections as set out in the letter from Baker & McKenzie dated 2 December addressed to the Sydney Harbour Federation Trust.

In particular I most whole heartily agree with the comments that the Trust does not have the power to make the proposed amendments, the size and value of the development is inappropriate for a short term use and it amounts to a 'sale' of public land for NO consideration. The land held by the Trust belongs to ALL Australians and hence the outcome should be for the benefit of ALL Australians and not an alienation, for who knows how long and without compensation, for the benefit of one family at the expense of ALL Australians.