1. THE IMPORTANCE OF CATHERINE HILL BAY - HISTORYBrief historical development

1867 - Catherine Hill Bay wreck 21 June 18671873 - Mine operations commence1874 - The ‘Town of Cowper’ contained 20 houses1877 - April - The settlement was abandoned 1881 - Newcastle Directory and Almanac ‘The place has collapsed’1888 - new company, Wallarah Coal mining company established 1894 - The ‘Town of Cowper’ population was 4401900 - The ‘Town of Cowper’ contained 60 households1921 - The ‘Town of Cowper’ contained Manager’s residence, Clerk’s house, Office, Wharfinger’s House, Doctor’s House and 3 shops1947 - The ‘Town of Cowper’ and Middle Camp and Mine Camp had a population of 7361964 - The ‘Town of Cowper’ and Middle Camp and Mine Camp 101 cottages 1964- Extra cottages built in Colliery Road2002 - Mining activities ceased, 112 cottages and 1 hotel remain in the “Town of Cowper” Middle Camp and Mine Camp

Catherine Hill Bay is two townsThe original Cowper TownThe later Mining Town retained - Clarke St & Lindsley St

Catherine Hill Bay Conservation Area comprises Cowper Town / Middle camp/ Mine camp / Jetty / Hotel

2. THE IMPORTANCE OF CATHERINE HILL BAY - SIGNIFICANCE

Catherine Hill Bay Village is unique in Lake Macquarie, NSW and Australia as a rare coastal mining town, due to its age,its continuity of use, its aesthetic character and its integrityThis position has been amplified with each successive review of the area.

1983 National Trust Listing Catherine Hill Bay Village and Middle Camp are identified as important rural settlements

1992 Lake Macquarie Heritage Study, Catherine Hill Bay, Suters, Doring, TurnerCatherine Hill Bay Village is the oldest collection of buildings in Lake Macquarie, providing “distinctive historical townscapes and land/seascapes, unrivalled in Lake Macquarie”, with scale, fabric and interrelationship of the features largely retained and in good condition. The Area is a tremendous archaeological resource with great potential as an industrial heritage site

1994 Conservation Management Plan Catherine Hill BayCatherine Hill Bay, as a rare highly intact surviving coal mining town, is rare within the region,state and country and has historic, aesthetic, social and technical significance.

This significance is evident in four key themes: A Mining Company Town, Strikebreaking, A Lost Town, A Historic Town

Catherine Hill Bay is significant because of its location and geological character and for its ability to illustratefor the key role played by the nineteenth century company towns in the development of Australian resources.

Catherine Hill Bay is significant for the continuing association of the area with coal mining. This development is clearly evidenced by remnants of railways, the structures and the extent of untouched landscape.

Catherine Hill Bay's association with tourism and recreation dates back to reports from the early 1930's. The extensive and varied landscapes are a key factor of the tourist quality of Catherine Hill Bay.

2000 Lake Macquarie Council LEPCatherine Hill Bay,Middle camp, Mine Camp and the surrounding scenic areas are identified as a rare highly intact surviving coal mining town, within the region, state and country The 7 (1) and 7 (40) zoning recognised the importance of limiting development surrounding the historic town

2007 Concept Plan confirms this statusCatherine Hill Bay is unique ( p33 Concept Plan) Catherine Hill Bay village has the oldest group of buildings in Lake Macquarie. (P47 CMP) The Catherine Hill Bay area is identified as a heritage area of state significance. (P.28, CMP)Parton’s and the Company’s approach to mining was unconventional therefore rare industrial archaeology exists near jetty (P17 EJE CMP)

2. THE CHARACTER OF CATHERINE HILL BAYThe significance is manifest in the existing character of the townThe value of Catherine Hill Bay relates to the high ratio of landscape to built form.Creating a mining village in a rural setting by the sea.Significant historic views reinforce this characterThe restricted area for building reinforces the rural settingsThe 43 lots in Cowper Town have never been built upon

3. INAPPROPRIATENESS OF CATHERINE HILL BAY SECTOR OF THE HUNTER STRATEGY

The National Park is a positive outcome The land offset is problematic

The extent of development undermines the value of the National Park Two areas proposed for development are problematic

Location of development in sensitive historical and environmental areasAreas determined without appropriate review / study

4. PERMISSIBILITY

The updated Lake Macquarie Council LEP was strengthened at the insistence of the Department of Planning.Strict DCP controls reinforce a 1 storey scale above street level and maximum 35% building footprint.Some buildings predate the DCP Controls.While minor additions to individual buildings have occurred, the location of buildings has remained the sameBuilding is restricted to a small strip of the original town subdivision.

The residents of Catherine Hill Bay have embraced these controls in order to protect their heritage views

The LEP reinforces high conservation values which restrict potential development outside the townThis position tested by 2 DA’s and 2 Land & Environment Court Appeals Lake Macquarie Council DA was refused on 14 non compliances with SEPP PoliciesWyong Council DA failed to establish existing use rights to achieve permissibilityLand & Environment Appeal No. 19196‘Dwelling houses are not listed as development permissible with consent in the 7(4) zone.An intention to ensure that the coastline environment be respected by limiting the opportunity for development in the zone’.

Inconsistent with the NSW Coastal Policy which opposes development on headlands and highly sensitive areas.Within an Environmental Protection Conservation (Primary) zone a minimum lot size of 100ha for houses Within a heritage conservation area. (NSW Heritage Office Correspondence 10/10/05)

State listing is predicated on the village and landscape being protected.

5. INADEQUACIES OF CONCEPT SUBMISSIONCurtilage issuesInadequate identification of potential archaeological sitesIndustrial archaeological potential not addressedLack of consultation with local Aboriginal Land CouncilInadequate historical research leading to:

o Misunderstanding of significance of original unrealised subdivision / compared to the built towno Misunderstanding of significance of existing + demolished buildingso Lack of appropriate interpretation strategy

6. BENEFITS OF CONCEPT PLANDeclaration of National Park – surrounding CHB

(limited as scenic protection zone already in existing controls)Provision of services (limited value to existing town residents)

Provision of Rural Fire Services Facility

7. DETRIMENTAL IMPACTS OF THE CONCEPT PLAN (NSW HERITAGE OFFICE POSITION)The proposed development does not comply with the concept plan objectives (Heritage Council Recommendation 11/02/2007The proposed development in its present form will have a very significant impact on the potential state heritage values of the area. (Heritage Council Recommendation, 11/02/2007)

8. NON COMPLIANCE WITH CONCEPT PLAN OBJECTIVES

Non-compliance with specific concept plan objectives:Ensure new development does not impose on the visual character of the existing village. (p16 Concept Plan)…will be consistent with the bulk and scale of the existing housing stock… (p16 Concept Plan)…adaptive reuse of the ‘Bin Building’ (p18 Concept Plan)….sympathetic with Council’s Development Control Plan No. 1.(p3 E A Report)The development ….is to be consistent with the NSW Coastal Design Guidelines. (p9 E A Report)…to ensure that the visual amenity of the coast is protected ….(p29 E A Report)No development is proposed on the coastal foreshore, and no views from public places will be lost. .(p52 E A Report)Wallarah House is kept prominent when viewed from outside or within the site.(p60 E A Report)

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9. DETRIMENTAL IMPACTS OF THE CONCEPT PLANImpact on the potential State listing

Town will lose its scenic and historic settingDramatic decrease in landscape / built form ratio. Building within subdivisions inconsistent with existing scale / pattern of development. High level impact on Moonee mine area and beach.Loss of opportunity for rehabilitation and recovery of natural landscape.Scale and visibility of ‘Moonee Village’ impacts on approach roads to village Impacts on significant views from coast and beachProposes development on sensitive cliff face

Impact on visual character of the villageinconsistent with bulk and scale of existing dwellingsProposed building typology inappropriateDevelopment on ridge (Montefiore St) links 2 parts of proposal and doubles the scale.

Compromises an understanding of the historic subdivision for Cowper Town

Compromises an understanding of existing buildings proposed for adaptive reuse. Little opportunity to appreciate scale / use / function of existing buildingsInappropriate / confusing proposal for bin building

NON COMPLIANCE WITH 40 YEARS OF PLANNING POLICY

The Proposal contravenes the Lake Macquarie Council LEPThe Proposal contravenes the Lake Macquarie Council DCPThe Proposal contravenes NSW Coastal Development GuidelinesThe Proposal contravenes the Heritage Office Guidelines The Proposal contravenes the Land & Environment Judgement

9. SUMMARY

THE PROPOSAL HAS SIGNIFICANT HERITAGE,URBAN DESIGN, AMENITY & ENVIRONMENTAL IMPACTS

THE SCALE OF ANY DEVELOPMENT SHOULD BE SIZED TO REFLECT AN APPROPRIATE OFFSET TO THE BENEFIT AND ENCUMBERANCE ON THE LAND OWNER WITHOUT UNDERMINING THE HERITAGE SIGNIFICANCE

A SIGNIFICANTLY SMALLER DEVELOPMENT WITHIN A LESS VISIBLE AREA , SETBACK AND SCREENED FROM THE COAST IS PREFERABLE

NO DEVELOPMENT SHOULD OCCUR WITHIN THE VISUAL CATCHMENT OF THE UNIQUE HISTORIC TOWN OF CATHERINE HILL BAY