ITEM CiS11 REPORTS 14/06/16 NORTH SYDNEY COUNCIL REPORTS Report to General Manager Attachments: 1. Draft State heritage Register Nomination Form 2. Balls Head Coal Loader Wharf Heritage Assessment 3. Coal Loader Structural Report ___________________________________________________________________________ SUBJECT: Balls Head Coal Loader Wharf - Nomination on the State Heritage Register and Application for an Interim Heritage Order AUTHOR: Stephen Beattie, Manager Development Services ENDORSED BY: Joseph Hill Director City Strategy EXECUTIVE SUMMARY This report has been prepared in response to recent correspondence from the RMS indicating their intention to demolish the Balls Head Coal Loader Wharf in its entirety, due to safety risks posed by the deteriorating structure. The RMS is currently preparing a Review of Environmental Factors for the full removal of the wharf. The Coal Loader Wharf is currently listed as a heritage item within NSLEP 2013.However, the Coal Loader Wharf was assessed as having heritage significance at State level in the Waverton Peninsular Industrial Sites Conservation Management Plan 2000. This matter was extensively discussed in the Report of David Banbury, Landscape Architect which was considered by Council at its December 2015 meeting. The Office of Environment and Heritage advised Council, in a letter dated 27 January 2016, that if a detailed study of the subject item concludes that it may be of state significance, consideration should be given to its nomination on the State Heritage Register. In light of the current RMS proposal to demolish the wharf in its entirety, it is now considered appropriate that the nomination for listing on the State Heritage Register be expedited, in order to ensure the best possible conservation outcome for the Wharf. Full demolition of the wharf, with no retention of fabric, is considered to be the worst possible outcome for the wharf, in heritage terms. Council has recently engaged a heritage architect and engineer to review the significance and condition of the wharf, and provide advice as the current level of significance, detailed analysis of its current condition, and appropriate course of action. The consultant has concluded that the Wharf is of State Significance for its historic, associative, aesthetic and technical values. It has been assessed to have high comparative significance values, and is considered to make a high contribution to the heritage significance of the Coal Loader site as a whole. These reports are attached for Councils information. Report of: Stephen Beattie, Manager Development Services Re: Coal Loader Wharf State Heritage Listing and Interim Heritage Order (2) The consultant has provided a DRAFT State Heritage Register Nomination Form for the Wharf. Given the immediate threat to the Wharf by the proposed demolition, the Heritage Office has also recommended that Council request that the Heritage Council consider placing an Interim Heritage Order on the Wharf to protect the structure while the Nomination for State Listing is being considered. FINANCIAL IMPLICATIONS: There are no costs to North Sydney Council resulting from the nomination of the Coal Loader Wharf on the State Heritage Register, or the application for an Interim Heritage Order. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period. The Guidelines have been considered in the preparation of this report and are not applicable. RECOMMENDATION: 1. THAT the report be received. 2. THAT Council resolve to nominate the Balls Head Coal Loader Wharf on the State Heritage Register. 3. THAT Council resolve to apply to the Heritage Council for an Interim Heritage Order on the Balls Head Coal Loader Wharf. Report of: Stephen Beattie, Manager Development Services Re: Coal Loader Wharf State Heritage Listing and Interim Heritage Order (3) LINK TO DELIVERY PROGRAM Direction: 2. Our Built Environment Outcome: 2.4 North Sydney’s Heritage is preserved and valued BACKGROUND: The Ball’s Head Coal Loader Wharf is currently listed as a heritage item within NSLEP 2013. However, the Coal Loader Wharf was assessed as having heritage significance at state level in the Waverton Peninsular Industrial Sites Conservation Management Plan 2000. The Wharf has been under the care and management of RMS since it was decommissioned in 1992. During that period, Council has held various discussions with RMS regarding options for the future of the Coal Loader Wharf. On 17 September 2015, the RMS advised Council that they were intending to remove the entire Coal Loader Wharf under Part 5 of the Environmental Planning and Assessment Act. Although the wharf is listed as a heritage item within NSLEP 2013, RMS advised that its demolition does not require development consent because the work is actively related to navigation safety under Clause 68(5)(d) of the SEPP Infrastructure. The RMS provided a Statement of Heritage Impact, and invited Council to comment. On 11 November 2015, Council staff met with RMS representatives to discuss the proposal and request consideration of alternatives to full removal. Council’s Landscape Architect presented an option for the retention and adaptive reuse of a small section of the wharf attached to the land. On 7 December 2015, Council considered a report by Council’s Landscape Architect regarding the RMS proposal for demolition of the wharf, and resolved: 1. THAT Council endorse in-principle the concept to retain and adaptively reuse a portion of the old coal loader wharf on Balls Head Bay in Waverton for heritage interpretation and public access. 2. THAT Council engage in further discussions with Roads & Maritime Services with regards the design, funding and ongoing management. On 3 March 2016, Council staff met with RMS to discuss the Council resolution and preferred option for adaptive reuse. At that meeting, and in later correspondence, RMS indicated that their intention is to proceed with the removal of the wharf in its entirety. Further, they would not be prepared to provide any input into or funding for the adaptive reuse or reconstruction of any part of the wharf. In addition, the RMS could not guarantee that approval would be granted for the rebuilding of part of the wharf. Report of: Stephen Beattie, Manager Development Services Re: Coal Loader Wharf State Heritage Listing and Interim Heritage Order (4) SUSTAINABILITY ASSESSMENT The adoption of the recommendations of this report will provide the “next steps” to ensure appropriate conservation of the Coal Loader Wharf for future generations. DETAIL The RMS is now progressing their plan to demolish the wharf in its entirety and is currently preparing a Review of Environmental Factors for the full removal of the wharf under the State Environmental Planning Policy (Infrastructure). In order to determine the best possible heritage outcome for the wharf, Council has engaged a heritage architect (Jennifer Hill of Architectural Projects) and engineer (Simon Wiltshier of Mott McDonald), who have expertise in structures of this nature, to review the current significance and condition of the wharf, and provide advice as to the most appropriate course of action. The consultants have now provided a Heritage Assessment Report and preliminary Condition Report. The Heritage Assessment Report has concluded that the Wharf is of State Significance for its historic, associative, aesthetic and technical values. It has been assessed to have high comparative significance values, and is considered to make a high contribution to the heritage significance of the Coal Loader site as a whole. The Office of Environment and Heritage advised Council, in a letter dated 27 January 2016, that if a detailed study of the subject item concludes that it may be of state significance, consideration should be given to its nomination on the State Heritage Register. In light of the current RMS proposal to demolish the wharf in its entirety, the consultants have advised that it is now considered appropriate that the nomination for listing on the State Heritage Register be expedited, in order to ensure the best possible conservation outcome for the Wharf. The consultant has provided a DRAFT State Heritage Register Nomination Form for the Wharf, which is attached to this report. Given the immediate threat to the Wharf by the proposed demolition, the Heritage Office has also recommended that Council request that the Heritage Council consider placing an Interim Heritage Order on the Wharf to protect the structure while the Nomination for State Listing is being considered. Although the wharf is already listed in NSLEP, the Heritage Council can consider placing an Interim Heritage Order on a structure that has been determined to be of State significance, if under immediate threat. Should the application for State Listing be successful, the office of environment and heritage will become involved in the decisions about the future of the wharf and its interpretation. Report of: Stephen Beattie, Manager Development Services Re: Coal Loader Wharf State Heritage Listing and Interim Heritage Order (5) CONCLUSION Independent consultants have recently reviewed the heritage significance of the Coal Loader Wharf, and determined it to be of State Significance. Due to the immediate threat of its demolition, it is recommended that Council proceed immediately with the Nomination of the Coal Loader Wharf for inclusion on the State Heritage Register. It is further recommended that Council submit an application to the Heritage Council for