Item LP02 Legal and Planning Committee 5/03/18 NORTH SYDNEY COUNCIL REPORTS Report to General Manager Attachments: 1. Curtilage Map -State Heritage Nomination - 1 Walker Street, Lavender Bay SUBJECT: State Heritage Nomination for ‘Brett Whiteley House and Visual Curtilage’ AUTHOR: Lucinda Varley, Conservation Planner ENDORSED BY: Joseph Hill, Director City Strategy EXECUTIVE SUMMARY: Council submitted a nomination to the Heritage Division of the NSW Department of Environment & Heritage, for the state heritage listing of Brett Whiteley’s House and Studio located at 1 Walker St, Lavender Bay on 13 March 2014. This application included a visual curtilage covering Wendy Whiteley’s Secret Garden, Clark Park, Quibaree Park, land owned by Crown Lands, the State of NSW, Rail Corp and Roads & Maritime Services as well as the waters of Lavender Bay. It is anticipated that an announcement regarding the state heritage listing will be made by the Minister during February/March 2018. FINANCIAL IMPLICATIONS: Nil. RECOMMENDATION: 1. THAT the report be received. Report of Lucinda Varley, Conservation Planner Re: State Heritage Nomination for ‘Brett Whiteley House and Visual Curtilage’ (2) LINK TO COMMUNITY STRATEGIC PLAN The relationship with the Community Strategic Plan is as follows: Direction: 2. Our Built Environment Outcome: 2.1 Infrastructure, assets and facilities that meet community needs 2.4 North Sydney's heritage is preserved and valued BACKGROUND At North Sydney Council’s Meeting No 3349, held on 19 April 2004, Council resolved: THAT Council nominate the property (1 Walker Street, Lavender Bay) and its extended curtilage for listing under the NSW Heritage Division Register of Heritage Items to ensure its future conservation.’ An application prepared by Council’s planning consultant Kim Ketelbey in September 2005 lapsed as it did not meet the former requirements for State Listing. A second nomination was made in March 2014 after the requirements for State Listing were amended by the Heritage Division with support of the property owner, Ms Wendy Whiteley. The application has subsequently been assessed by the Heritage Division, including the undertaking of community consultation with stakeholders. CONSULTATION REQUIREMENTS Community engagement is not required. Community engagement has been undertaken by the NSW Heritage Division. SUSTAINABILITY STATEMENT The sustainability implications are of a minor nature and did not warrant a detailed assessment. DETAIL The property No 1 Walker Street, Lavender Bay was a source of inspiration for internationally acclaimed artist Brett Whiteley. The unique Federation era dwelling, its views and harbourside setting were a constant feature in many of his award-winning artworks including The Balcony 2 (1975), Interior with Time Past (1976) and Jacaranda Tree (1977). The property is comparable in significance to other State-listed properties associated with Norman Lindsay (The Norman Lindsay Gallery & Museum, Faulconbridge) and May Gibbs (Nutcote, Neutral Bay). In a manner similar to the work of Norman Lindsay and May Gibbs, Brett Whiteley is considered to have influenced an evolving national Australian identity, altering our own perception of the Australian landscape of Sydney Harbour, its bays and peninsulas with the blend of exotic Report of Lucinda Varley, Conservation Planner Re: State Heritage Nomination for ‘Brett Whiteley House and Visual Curtilage’ (3) plantings and rugged bushland. His accolades include two Archibald Prizes, two Wynne Prizes and the Sir John Sulman Prize. Much of his famous and award-winning artwork was painted in the studio at 1Walker Street and included abstractions of the house and its Lavender Bay setting. The property is further enhanced and reinforced by the adjacent public garden subsequently created by Wendy Whiteley, known as “Wendy Whiteley’s Secret Garden”. After the failure of the 2005 nomination application, Council’s Conservation Planner and the Director of Open Space & Environmental Services undertook consultation with the NSW Heritage Division, Rail Corp and Wendy Whiteley. The Conservation Planner prepared and submitted a second nomination for State Heritage Listing in March 2014 which included a visual curtilage including Wendy Whiteley’s Secret Garden, Clark Park, Quibaree Park as well as land owned by Crown Lands, State of NSW, Rail Corp and Roads & Maritime Services. The application was considered unusual by the Heritage Division as the listing included a large visual curtilage defined by a body of artwork that extended over many properties and the waters of Lavender Bay. (See Attachment 1) Upon receipt of the nomination, the NSW Heritage Division undertook further negotiations with affected land owners, including Wendy Whiteley, Rail Corp and the railway operators Transport for NSW. The application was stalled by ongoing concerns from Rail Corp due to the possible loss of development potential for their properties and from Transport for NSW due to concerns about adverse impacts to railways operations. The NSW Heritage Division has since resolved the issues raised by affected land owners. Site specific exemptions have been developed that allow for the ongoing functioning and day-to- day efficient management of the properties without the requirement for a development application. This is consistent with other state-listed properties with complex infrastructure and multiple properties such as Central Railway Station. A presentation of the nomination was made by Wendy Whiteley to the NSW Heritage Council on 1 April 2015 with the Heritage Council resolving to engage a consultant, Geoffrey Britton, to review the heritage nomination involving No. 1 Walker Street and further define the view catchment. This further report prepared by the NSW Heritage Division was submitted to the Heritage Listings Committee on 4 October 2017 supporting the state nomination. Correspondence received at Council on 17 January 2018 has advised that the State Heritage nomination for ‘Brett Whiteley House and Visual Curtilage’ has since progressed to the NSW Minister for Heritage for signing. Whilst Council has no influence as to the timing of the announcement, the Heritage Division has verbally advised that it is nevertheless likely to occur sometime in either February or March 2018. Councillors will be advised of further action through the Councillor Bulletin. Report of Lucinda Varley, Conservation Planner Re: State Heritage Nomination for ‘Brett Whiteley House and Visual Curtilage’ (4) ATTACHMENT 1 Curtilage Map for the State Heritage Nomination of 1 Walker Street, Lavender Bay .