Newsletter 50 – Waverton Bowling Club
- Posted by IanMuttonAdmin
- On December 7, 2022
- waverton bowling club
What is to become of the land once occupied by the Waverton Bowling Club – the Waverton Bowling Green? In short: The state Minister administering the Waverton Bowling Green ruled against a claim made by the Aboriginal Land Council (ALC). The ALC appealed the Minister’s decision to the Land and Environment Court. The Court sided […]
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.</span></span></span></li>
<li><span style='color: #333333;'><span style='font-family: Calibri Light, serif;'><span>The </span></span></span><span style='color: #333333;'><span style='font-family: Calibri Light, serif;'><span>ALC appealed the Minister’s decision to the Land and Environment Court.</span></span></span></li>
<li><span style='color: #333333;'><span style='font-family: Calibri Light, serif;'><span>The Court sided with the ALC.</span></span></span></li>
<li><span style='color: #333333;'><span style='font-family: Calibri Light, serif;'><span>The state government decided not to appeal this decision.</span></span></span></li>
<li><span style='color: #333333;'><span style='font-family: Calibri Light, serif;'><span>It looks like the land will be sold and re-zoned.</span></span></span></li>
<li><span style='color: #333333;'><span style='font-family: Calibri Light, serif;'><span>Parks everywhere are now at risk</span></span></span></li>
</ul>
<img class='alignnone size-medium wp-image-849' src='https://www.ianmutton.com/wp-content/uploads/2022/12/waverton-bowling-club-300x220.jpg' alt='' width='300' height='220' />
<strong><span lang='en-GB'>Background</span></strong>
<span lang='en-GB'>In 1943, the land that became known Waverton Park was vested in the Crown and dedicated for public recreation. A part of Waverton Park was made over and became the Waverton Bowling Club – the Waverton Bowling Green.</span>
<span lang='en-GB'>In 1967, the Waverton Bowling Green was leased to Waverton Bowling and Recreation Club and later to the North Sydney Club.</span>
<span lang='en-GB'>In 2009, the Waverton Bowling Green was declared Crown Land and reserved for Community and Sporting Club Facilities.</span>
<span lang='en-GB'>In 2019 the North Sydney Club was put into administration.</span>
<span lang='en-GB'>North Sydney Council pushed the State Government to incorporate the Waverton Bowling Green into Waverton Park - the State Government dithered.</span>
<span lang='en-GB'>As an interim measure, North Sydney Council pressed the State Government for a lease; was offered and accepted a licence in the belief that it was preserving the option for the land to be incorporated into Waverton Park.</span>
<span lang='en-GB'>Now to the Land and Environment case - two questions fell for determination by the court</span>
<span lang='en-GB'>Was the Waverton Bowling Green:</span>
<ol>
<li><span lang='en-GB'>lawfully used or occupied and</span></li>
<li><span lang='en-GB'>needed, or likely to be needed, for an essential public purpose?</span></li>
</ol>
<span lang='en-GB'>The Minister, whose decision was being appealed by the Aboriginal Land Council, argued that North Sydney Council:</span>
<ul>
<li><span lang='en-GB'>was, by virtue of the licence, the lawful occupier of the Bowling Green; and</span></li>
<li><span lang='en-GB'>needed (or likely to be needed) the Waverton Bowling Green to increase the amount of open space available for public recreation which was an essential public purpose.</span></li>
</ul>
<span lang='en-GB'>The court ruled against the Minister finding that the:</span>
<ul>
<li><span lang='en-GB'>the licence gave a limited right to occupy and that did not meet the lawful occupier test and</span></li>
<li><span lang='en-GB'>requirement that the Waverton Bowling Green was needed for an essential purpose amounted to a sole need /purpose test – here we had:</span>
<ul>
<li><span lang='en-GB'>North Sydney Council wanting the Bowling Green for open green space and</span></li>
<li><span lang='en-GB'>the State Government actively looking for other users – e.g. Felicity Wilson introduced Knox Rugby Club as a possible acquirer.</span></li>
</ul>
</li>
</ul>
<span lang='en-GB'>Hard to accept the court’s decision that:</span>
<ul>
<li><span style='font-family: Times New Roman, serif;'><span lang='en-GB'>a licence for a specific purpose does not count as a licence to lawfully occupy</span></span></li>
<li><span style='font-family: Times New Roman, serif;'><span lang='en-GB'>North Sydney’s need for more open green space is defeated by the dithering of the State Government – especially since North Sydney is short of green space compared to all metropolitan Council areas, with 550 people per hectare compared to Ku-ring-gai’s 84, Willoughby’s 216 and Mosman’s 170.</span></span></li>
</ul>
<span lang='en-GB'>When the State Government talks about its commitment to open green space just think about its lack of commitment to protecting the Waverton Bowling Green.</span>
<span lang='en-GB'>The State Government has decided not to appeal the decision.</span>
<span lang='en-GB'>What next? Expect an application to re-zone the land for development.</span>
<span lang='en-GB'>Parks everywhere are at risk of being lost to the broader community.</span>
<span lang='en-GB'>The court ordered that the Waverton Bowling Green be transferred to Metropolitan Aboriginal Land Council – the judgement is at <a href='http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWLEC/2022/130.html'>http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWLEC/2022/130.html</a></span>
Ian Mutton
<a href=){kind=link}
 to between Crows Nest’s metro station and St Leonards’ railway station?
The move by the “Crow Nest” Post Office to near St Leonards station is instructive and begs the question – which businesses will be next?
Then the next question - what will be the impact of the developments being planned for that part of Lane Cove just to the west of St Leonards station?
<img class='alignnone size-medium wp-image-841' src='https://www.ianmutton.com/wp-content/uploads/2022/10/towerplans-300x170.png' alt='' width='300' height='170' />
With all that development in seems inevitable that the scales will be tilted with the epicentre moving toward St Leonards.
Saving Crows Nest - what can be done to prevent the eastern end of Crows Nest withering away?
A start would be to make the eastern end of Crows Nest attractive for people looking for a place to live, have fun and do business – a serious updating of the streetscape. Council is working on plans to rejuvenate the eastern end of Crows Nest proposal to update Crows Nest
If ever there was a time for our community to be heard on how the streets are divvied up between pedestrians, bikes/scooters and cars, it is now - one place to be heard is at North Sydney Council’s feedback site - <a href='https://yoursay.northsydney.nsw.gov.au/dcp-st-leonards-crows-nest-planning-area'>St Leonards/Crows Nest Planning Area</a>
Let me know your thoughts on how Council should manage parking issues going forward – <a href=){kind=link}
 rebuild and what it might cost – nothing like getting the facts sorted first.
North Sydney Olympic Pool was originally built in 1936; it has three major elements:
<ol>
<li>50-metre “Olympic Pool”;</li>
<li>25-metre pool; and</li>
<li>Grandstand (running the full length of the “Olympic Pool”).</li>
</ol>
<a href='https://www.ianmutton.com/wp-content/uploads/2022/10/olympic-pool.tif'><img class='alignnone size-full wp-image-822' src='https://www.ianmutton.com/wp-content/uploads/2022/10/olympic-pool.tif' alt='' /></a><img class='alignnone size-medium wp-image-823' src='https://www.ianmutton.com/wp-content/uploads/2022/10/olym-pool-300x200.jpg' alt='' width='300' height='200' />
<strong>“Corporate” knowledge</strong>
The NSOP rebuild has been under consideration since 2013. Council is fortunate to have retained “corporate knowledge” with respect to the pool with:
<ul>
<li>three councillors (present Mayor Baker, immediate past Mayor Gibson and Councillor Beregi) being elected to Council prior to 2013;</li>
<li>me being elected to Council in 2017; and</li>
<li>the present head Engineering and Property Services serving continuously since before 2013.</li>
</ul>
<strong>Understanding what our community expected of the redevelopment</strong>
2008 the “Olympic Pool” was lined with a PVC membrane in large measure to reduce or eliminate the leakage which was causing the corrosion of the pool walls. The membrane had a design life of 10 years. In 2008 it was reported:
Corrosion of the pool walls is very severe and will most likely compromise the structural integrity of the pool walls in some areas. It is possible some reinforcement has totally lost its structural integrity.
The timeline:
<ul>
<li>2013 - Council “approved” the redevelopment of the pool and embarked on a process of community consultation.</li>
<li>2014
<ul>
<li>Findings of the community consultation process were presented to Council; they covered the views of:
<ul>
<li>1,145 respondents to a survey;</li>
<li>Stakeholders; and</li>
<li>Community groups (including Precinct Committees).</li>
</ul>
</li>
<li>The findings of the community consultation process caused Council to have 7 options developed</li>
</ul>
</li>
</ul>
<img class='alignnone size-medium wp-image-824' src='https://www.ianmutton.com/wp-content/uploads/2022/10/pool-chart-295x300.png' alt='' width='295' height='300' />
<a href='https://www.northsydney.nsw.gov.au/Business_Projects/Major_Projects/Olympic_Pool_Redevelopment'>For more see Council’s website.</a>
<ul>
<li>2015 – Council decided to put all design options on public exhibition along with preliminary cost estimates ranging between $16m and $78m.</li>
<li>2016 – Outcome of the 2015 consultation process was reported to Council.</li>
</ul>
<strong>Choosing an option most in line with our community’s wants and our Council’s ability to fund.</strong>
Keeping the pool as an amenity in North Sydney was always a paramount concern. It won’t surprise to learn that every significant decision taken by Council was based on or guided by reports from consultants with expertise in the areas reported on.
The timeline continued:
<ul>
<li>2017 – Council decided to go forward with Option 2 by taking it to a detailed design phase and preparation of a business analysis of the costs and future revenue streams of the project.</li>
</ul>
<ul>
<li>2019 – It was reported to Council that the Grandstand had reached the end of its useful life and that retention of the 25 metre-pool was subject to an assessment of its condition when construction commenced because the structural integrity of that pool’s shell could only be properly assessed once the grandstand had been demolished. At the time of the February and March 2019 reports to Council the option for the pool was referred to as Option 2(b)</li>
</ul>
<ul>
<li style='list-style-type: none;'>
<ul>
<li>As to the:
<ul>
<li>Grandstand, the February structural engineering report concluded that the grandstand had reached the end of its useful life.</li>
<li>The 25-metre pool, when the grandstand was demolished and that pool emptied, cracks appeared in its shell; it was reported that the shell could not be re-used.</li>
</ul>
</li>
</ul>
</li>
</ul>
<ul>
<li style='list-style-type: none;'>
<ul>
<li>The cost to deliver option 2(b) including complete replacement of the grandstand and a construction contingency which allowed for the potential replacement of the 25-metre pool was put at $57.9million - this was reported to Council in March 2019.</li>
</ul>
</li>
</ul>
<strong>Delivering option 2(b)</strong>
Having determined that funding was available and decided to go forward with option, the tasks that then lay ahead were:
<ul>
<li>Prepare:
<ul>
<li>detailed plans and specifications; and</li>
<li>a contract for the construction.</li>
</ul>
</li>
<li>Call tenders and let a contract to the successful tenderer.</li>
<li>Administer the contract.</li>
</ul>
<ol>
<li><strong>Contract</strong></li>
</ol>
The construction contract is based on AS4000-1997 with amendments (e.g. expanded contractor’s warranties and a clear obligation on the contractor to inform itself) aligning the provisions with the scope of the project and that better protected Council.
A Committee was formed by Council (I was a member) to oversee the preparation of the contract.
Essentially the contract provided for a price for the work scoped (in the design and associated specifications) and allowed for variations for work not within the scope and movements in costs of materials.
<ol start='2'>
<li><strong>Selecting a Contractor</strong></li>
</ol>
The tender process was subjected to a probity review.
<ul>
<li>Probity review was carried out by Prevention Partners NSW – The reviewer found the probity hurdles all met.</li>
</ul>
The timeline:
<ul>
<li>2020 – contract awarded (December).</li>
<li>2021 – possession of site handed over to contractor (March).</li>
</ul>
<ol start='3'>
<li><strong>Administering the contract</strong></li>
</ol>
The drivers for variations are changes in input costs (e.g. steel), changes to scope and lost time:
<ul>
<li>Input costs - a lot of steel is used in the construction of grandstands and pools – during 2021 steel prices increased by around 24%.</li>
<li>Scope changes to those specified in the contract - these have been minimal.</li>
<li>Lost time - caused by adverse weather conditions and COVID has been significant.</li>
</ul>
The construction contract is valued at $53.5 million. Council has allowed for an overall final budget of $63.9 million, which includes the design and development costs, legal and specialist consultancies, project management for the balance of the project and an allowance for contingencies that may arise during construction.
At end 2021 approved variations are, given the size of the project, small – less than $200,000. Unapproved claims for variations (at values attributed by council) were within the amount allowed for contingencies.
Claims for variations are inevitable – the task is to vet them to ensure that they are for value and determine if they are to be accepted or rejected under the terms of the contract. This vetting process is in full sway now.
Ian Mutton
<span id=){kind=link}
.
<ul>
<li>An example - in 1895 by adding a seven-story clock tower to North Sydney’s post office to greet and inform people travelling along the Pacific Highway.</li>
</ul>
</li>
<li>To put in place low-cost housing.
<ul>
<li>An example - in 1954 (Greenway) by making apartments affordable by spreading the land cost over 309 apartments.</li>
</ul>
</li>
<li>To beautify streetscapes by adding open green space.
<ul>
<li>An example - in 1957 (the MLC building on Miller Street) with part of the site set aside for a park and pedestrian plaza.</li>
</ul>
</li>
</ul>
<img class='alignnone size-full wp-image-815' src='https://www.ianmutton.com/wp-content/uploads/2022/10/bld1.jpg' alt='' width='191' height='264' /><img class='alignnone size-full wp-image-818' src='https://www.ianmutton.com/wp-content/uploads/2022/10/bld3.jpg' alt='' width='180' height='280' /><img class='alignnone size-medium wp-image-816' src='https://www.ianmutton.com/wp-content/uploads/2022/10/bld3-300x212.png' alt='' width='300' height='212' />
Think about it, each of these, the North Sydney Post Office, Greenway apartments and the MLC building has heritage significance.
The point is that the worth of a building should be considered both in the light of the amenity it delivers to the community and design/artistic merit – inclusions of plazas and setbacks from the edge of the street should become a minimum requirement.
Being tall is not inherently bad ..
<img class='alignnone size-medium wp-image-836' src='https://www.ianmutton.com/wp-content/uploads/2022/10/operah-300x200.jpg' alt='' width='300' height='200' /><img class='alignnone size-full wp-image-837' src='https://www.ianmutton.com/wp-content/uploads/2022/10/tower.jpg' alt='' width='183' height='275' />
…. so let’s have discussion about how to drive great outcomes for North Sydney rather than just oppose all things that are tall.
For further reading – <a href='https://www.ianmutton.com/wp-content/uploads/2022/09/NorthSydenySun-Sept22.pdf'>North Sydney Sun</a>
Let me know your thoughts on how Council should manage planning issues going forward – <a href=){kind=link}
 – described at the bridge opening:
The Bridge (is) both architecturally and from a standpoint of engineering, holds pride of place amongst the arch bridges of the world.
The heritage value is immense and it is being put at risk by Transport for NSW.
The community’s concept plan for a ramp in Bradfield Park Central – see picture and concept plan that follows.
<img class='alignnone size-full wp-image-775' src='https://www.ianmutton.com/wp-content/uploads/2022/03/ramp-concept1.png' alt='' width='842' height='446' />
<img class='alignnone size-large wp-image-776' src='https://www.ianmutton.com/wp-content/uploads/2022/03/ramp-concept-2-1024x724.jpg' alt='' width='940' height='665' />
There’s a ray of hope.
Minister Stokes has instructed his Department that the final ramp must be consistent with four key Principles.
The Minister's four stated Principles:
• The ramp should be safe and easily used by riders of all ages, genders, and abilities. Anyone who lives in or visits Sydney and wants to ride over the iconic Sydney Harbour Bridge should be able to do so.
• Public open space is a primary consideration in the design of the ramp. Any impacts to public open space should be mitigated or offset through improvements to the local public domain.
• Design of the ramp must demonstrate design excellence through a rigorous competitive design process that incorporates comprehensive expert advice and allows for review and refinement.
• The national heritage significance of the Sydney Harbour Bridge and its curtilage must be a paramount consideration of the design process. The design of the ramp should not detract from the Sydney Harbour Bridge's heritage significance.
The community concept plan recognises the heritage value and largely saves Bradfield Park – it satisfies the Minister’s four Principles.
The community’s concept plan
• provides a rideable cycle access to the Bridge cycleway,
• preserves the existing landscape and heritage values of Bradfield Park North and the SHB itself
Transport for NSW so far has exhibited no concern for the loss of Bradfield Park and open green space – think of:
• the damage to Cammeray golf caused by the building of the Western Harbour and Beaches’ tunnels;
• the State Government’s refusal to now make good on its promise to make the western foreshore of Berrys Bay open green space); and
• the State Government pulling back on approval for work on the Sydney Harbour High Line to start.
Sometimes I just despair at the state government we have.
Use every opportunity to let Minister Stokes and local member Felicity Wilson know that the Government’s attitude to open green space in North Sydney is not acceptable – won’t even be tolerated.
Minister stokes can be reached at <span id=){kind=link}