gipa899. document 2 ref: act. - wrong track nsw · demolition layout plan 27.02.17 2 cp-04-c2.10...

Heritage Council of NSW Approvals Committee

Agenda item: 4.1 Date: 5 April 2017

DOC No:17/135841

HERITAGE COUNCIL OF NSW REPORT FOR EXERCISING DELEGATED AUTHORITY FUNCTION UNDER THE NSW HERITAGE ACT 1977.

SECTION 60 APPLICATION—NO MATERIAL AFFECT

Name and address Coal River Precinct, Nobbys Rd, Newcastle East

SHR Name & No. Coal River Precinct SHR #01674

Proposal Supercars Australia are acting as the Delivery Manager of the Works and are seeking approval under the Heritage Act 1977 to hold the inaugural Newcastle 500 Supercar Championships event and associated civil works within the Coal River Precinct. The first race is proposed to be held from November 24-26, 2017. This is the first in a series of five supercar races over five years, each race will be the series finale of the Australian Supercar season.

Application No. S60/2017/33

Notifications Public notice given under Section 61 of the Heritage Act 1977 from 08/03/2017 to

30/03/2017. A total of 110 submissions were received as a result of the exhibition.

Applicant Joshua Ryan, V8 Supercars Pty Ltd.

Excavation Director Tim Adams, Umwelt

Owner Newcastle City Council

Local Council Area Newcastle City Council

Cost of Works $6,232,016.22

Date accepted 27/02/2017 Date decision required 09/04/2016

Statutory Listing i. Coal River Precinct, Nobbys Rd, Newcastle East, NSW – SHR No 01674, 19 Dec 03

ii. Fort Scratchley group (buildings and underground forts – Coal River Precinct, Newcastle LEP 2012, Schedule 5, Heritage Item 480

iii. Nobbys Beach Pavilion (Coal River Precinct), Newcastle LEP 2012, Schedule 5, Heritage Item 481

iv. Soldiers Baths (Coal River Precinct), Newcastle LEP 2012, Schedule 5, Heritage Item 488

v. Coal River Precinct (Archaeological site), Newcastle LEP 2012, Schedule 5, Item A5

vi. Macquarie Pier (Including Sandstone Wall and Stone Steps) (Coal River Precinct), Newcastle Port Corp s.170 Register

Non Statutory Listing

National Trust of Australia register (no. 4355)

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Helping the community conserve our heritage

Information for consideration: Attachment

A copy of the S60 application and the information supplied with it will be tabled at the meeting. Attachment A: Engineering drawings, prepared by IEDM- Integrated by Design as listed below:

Dwg No

Dwg Title Date Rev

Project Name: Temporary Street Circuit, Newcastle Harbour, NSW

K000 Circuit Geometry – 2,630m, General Arrangement Plan undated 16

K012 Civil Works, Extent of Circuit Related Works undated 01

K048 Reference Chainages undated 01

K049 Coal River Precinct, Civil Works Reference Chainages undated 01

K050 Coal River Precinct, Infrastructure Upgrade Extents undated 01

K051 Coal River Precinct, Civil Extents Change of Purpose undated 01

K052 Coal River Precinct, Proposed Legacy Kerb undated 01

Attachment B: City of Newcastle Council Drawing, provided by Newcastle City Council

Dwg No

Dwg Title Date Rev

Supercar Track and Heritage items undated

Attachment C: Engineering drawings, prepared by Northrop Consulting Engineers as listed below:

Dwg No

Dwg Title Date Rev

Project Name: Newcastle 500, Coal River Precinct, Newcastle, NSW 2300

CP-04-C1.00

Existing Conditions Layout Plan 27.02.17 2

CP-04-C1.10

Existing Conditions Part Plan ‘A’ 27.02.17 2

CP-04-C1.11

Existing Conditions Part Plan ‘B’ 27.02.17 2

CP-04-C1.12

Existing Conditions Part Plan ‘C’ 27.02.17 2

CP-04-C1.13

Existing Conditions Part Plan ‘D’ 27.02.17 2

CP-04-C1.14

Existing Conditions Part Plan ‘E’ 27.02.17 2

CP-04-C1.15

Existing Conditions Part Plan ‘F’ 27.02.17 2

CP-04-C1.16

Existing Conditions Part Plan ‘G’ 27.02.17 2

CP-04-C2.00

Demolition Layout Plan 27.02.17 2

CP-04-C2.10

Demolition Layout Part Plan ‘A’ 27.02.17 2

CP-04-C2.11

Demolition Layout Part Plan ‘B’ 27.02.17 2

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CP-04-C2.12

Demolition Layout Part Plan ‘C’ 27.02.17 2

CP-04-C2.13

Demolition Layout Part Plan ‘D’ 27.02.17 2

CP-04-C2.14

Demolition Layout Part Plan ‘E’ 27.02.17 2

CP-04-C2.15

Demolition Layout Part Plan ‘F’ 27.02.17 2

CP-04-C2.16

Demolition Layout Part Plan ‘G’ 27.02.17 2

CP-04-C3.00

Excavation Layout Plan 27.02.17 2

CP-04-C3.11

Excavation Part Plan ‘B’ 27.02.17 2

CP-04-C3.12

Excavation Part Plan ‘C’ 27.02.17 2

CP-04-C3.13

Excavation Part Plan ‘D’ 27.02.17 2

CP-04-C3.14

Excavation Part Plan ‘E’ 27.02.17 2

CP-04-C3.15

Excavation Part Plan ‘F’ 27.02.17 2

CP-04-C3.16

Excavation Part Plan ‘G’ 27.02.17 2

03-DD-C2.02

Utilities Part Plan ‘C 07.02.17 A

03-DD-C2.03

Utilities Part Plan ‘D’ 07.02.17 A

03-DD-C2.04

Utilities Part Plan ‘E’ 07.02.17 A

04-DD-C2.01

Utilities Part Plan ‘B’ 07.02.17 A

04-DD-C2.02

Utilities Part Plan ‘C’ 07.02.17 A

04-DD-C2.03


04-DD-C2.00

Utilities Part Plan ‘A’ 07.02.17 A

01-DD-C2.03


Attachment D: Coal River Precinct Conservation and Cultural Tourism Management Plan prepared by Boyce Pizzey Strategic/CONVERGENCE DESIGN dated 2007. Attachment E: Report entitled Statement of Heritage Impact, prepared by Placemark in collaboration with EJE Architecture heritage, Umwelt and Terras, dated 25 February 2017; Attachment F: Nobbys Beach Reserve: V8 Track Alignment Landscape Design Concept prepared by Terras Landscape Architects, undated;

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Attachment G: Geotechnical Report prepared by Valley Civilab Pty Ltd. P1026 Newcastle Street Circuit, Newcastle NSW 1/02/2017 Attachment H: Coal River Precinct Archaeological Assessment prepared by Umwelt (Australia) Pty. Ltd. dated February 2017; Attachment I: Aboriginal Cultural Heritage Due Diligence Assessment prepared by Umwelt (Australia) Pty Ltd. Civil Work – Newcastle V8 Supercars dated February 2017 Attachment J: Historic Maps, Drawings and Photographs

From Earliest Days to 1856

From 1856 to 1946

From 1946 to 1986

From 1986 to present

Attachment K: Submissions received

1.0 DELEGATION TO DETERMINE APPLICATION

1.1 The delegation by the Heritage Council to exercise function to determine this section 60 application under section 63(1) of the Heritage Act 1977 extends to Approvals Committee, Executive Director and Manager.

1.2 It is recommended that the Approvals Committee exercise its delegation to determine this application.

2.0 ISSUES

2.1 The Australian Supercar Championships Newcastle 500 is being proposed as an annual event for a period of five years, starting in November 2017 and finishing in November 2021. The championship includes civil works involving upgrades to existing roads and services and construction of a shared roadway within the Coal River Precinct. Civil works are due to commence on 1 May 2017.

2.2 Potential impacts on the visual and landscape setting, historic archaeology and the overall heritage significance of the Coal River Precinct.

2.3 The proposed changed landform, clearing of vegetation, construction of the road are considered to be intrusive to the surrounding intact natural and visual character of the Coal River Precinct’s setting.

2.4 This application does not include temporary works. Although the event itself lasts for three days, the organisation and physical preparation and dismantling of the track lasts approximately nine weeks. In accordance with motor sport safety regulations, safety barriers have to be constructed around the entire length of the circuit. As well as the safety barriers, many grandstands, corporate facilities and other temporary structures/buildings will need to be constructed in association with the event.

2.5 Potential use of the buildings/dwellings within the race circuit for advertising purposes.

2.6 There are sections of the circuit outside the SHR listed Coal River Precinct not requiring approval for the above ground works, however, approval may be required under s140 of the Heritage Act for any excavation due to potential archaeological impacts. It is anticipated that separate s140 applications will be submitted in due course for these excavations, as required.

3.0 SIGNIFICANCE

3.1 The State Heritage Inventory provides the following Statement of Significance:

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The Aboriginal presence in the Coal River area predates European contact and has been continuous to the present day. The associations, over time, of particular places, sites and areas of the Precincts and of their distinctive landforms with Aboriginal culture can be revealed, as permissible, through further consultation and study.

Coal River is one of a number of sites in Australia first settled by convict transportation. Slavery, indentured labour, convict transportation and penal settlement have contributed to the spread of diverse cultural influences throughout the world and are global heritage themes. The national significance of Fort Scratchley and the national and state significance of the Convict Lumberyard/Stockade have been recognised.

The Coal River Historic Precincts have State significance because they concentrate the whole story of the development of New South Wales' first and most important industrial centre. They encompass the site of Newcastle's first coal mine, the site of the first navigational aids for coastal shipping and Hunter River traffic, and the site of a series of fortifications designed to protect the growing settlement and its precious coal reserves. These resources are largely due to the skills and labour of transported convicts, committed for secondary punishment.

(Source: Extract from the State Heritage Register Listing 01674, Office of Environment and Heritage).

With its indigenous associations the Coal River Precinct is a true ‘birthplace’ site. Its land, buildings and subterranean remains concentrate elements of the Newcastle story from pre-history through the first hundred years of European settlement. In the beaches and the later Nobbys Beach Pavilion the all-embracing questions of the Newcastle character are exemplified.

It is difficult to think of another major city which can point to such a rich mix of important heritage themes in such a special landscape environment.

(Source: Extract from the ‘Precinctual Statement of Significance’ in Coal River Precinct Conservation & Cultural Tourism Management Plan prepared by Boyce Pizzey Strategic / CONVERGENCE DESIGN, 2007. This plan has not been endorsed by Heritage Council of NSW).

3.2 The State Heritage Register listing provides the following curtilage plan:

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4.0 BACKGROUND 4.2 The Heritage Division met with Destination NSW, V8 Supercar Pty Ltd and IEDM (Project Manager

Team), to discuss potential heritage impacts on the Coal River Precinct and the approval process. Heritage Division staff also attended a stakeholder meeting in Newcastle. In response to these meetings, the applicant submitted a Section 60 application for the proposed activity and the associated civil works.

Figure 1: NSW State Heritage Register (SHR) curtilage map for the Coal River Precinct —SHR No. 01674 (Source: NSW State Heritage Register)

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4.3 An amendment to the Homebush Motor Racing (Sydney 400) Act (this Act is now called the Motor Racing (Sydney and Newcastle ) Act 2008) was passed in January 2017 making Destination NSW the consent authority under the EP&A Act. The approvals under the Heritage Act 1977 are not affected by this amendment and therefore the Heritage Council remains an approval authority.

4.4 The application was referred to the Heritage Council’s Government Subcommittee for comment, and the following comments were made:

Concern was raised with the width of the road to be constructed as the width would adversely impact the parkland setting and views as it would resemble a highway running through the parkland. It was noted that at the completion of the event the road would be reduced to a narrower path to be more in keeping with the parkland setting.

Concern was raised with the advertising signage and event banners including where they are proposed to be located and if they needed to be tied down. Destination NSW advised that there were very strict rules regarding advertising

Concern was raised with event infrastructure and the requirement for footings etc. The applicant advised that footings are not required for any temporary infrastructure.

Concern was raised with the landscape design and it was suggested that the concept be revised.

It was also suggested that a review should occur following the event to identify any heritage issues or impacts to heritage items, values or character of the area.

5.0 DEVELOPMENT PROPOSAL

5.1 Supercars Australia are acting as the Delivery Manager of the works and are seeking approval under the Heritage Act 1977 to hold the inaugural Newcastle 500 Supercar Championships event and associated civil works within the Coal River Precinct. The first race is proposed to be held on 24-26 November, 2017. This is the first in a series of five supercar races over five years, each race will be the series finale of the Australian Supercar season.

5.2 This Section 60 application relates to a portion of the proposed race circuit which falls within the curtilage of the Coal River Precinct. Civic works associated with the race circuit are proposed and include upgrades to existing roads, renewal of utilities and services, and construction of a shared roadway within the Coal River Precinct.

5.3 The overall civil works proposed for the race circuit including areas outside the Coal River Precinct are:

Construction

Construction of a shared roadway within the Nobbys Beach Reserve which will be 10 metres in width. The proposal includes widening an existing road and a new section to create a loop by joining existing roads.

General resurfacing of the track

Complete resurfacing of the entire race circuit to remove surface defects and discontinuities.

Pavement and Road Widening

The existing pavement along the southern alignment of Wharf Road is to be widened approximately 1.5m.

The existing pavement along the eastern alignment of Nobbys Road is to be widened approximately 1.5m.

Widening of Nobbys Road is proposed north of Stevenson Place fronting the existing historic heritage terrace housing. The footpath width will be increased to 2.3m and will provide two travel

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lanes. This will provide potential for 45 degree angle parking on the western side. The angle parking is proposed to be located fronting terrace housing that has no off street parking and would provide an increase of approximately 15 spaces. The existing no parking restrictions would be maintained on the eastern side fronting Fort Scratchley.

Roundabouts

The roundabout at the Wharf Road and Watt Street intersection is to be removed and sealed with asphalt.

The roundabout at the Wharf Road/ Nobbys Road/Shortland Esplanade intersection is to be removed and sealed with asphalt.

Reconfiguration of Wharf Road/ Pasha Way/ Horseshoe Beach Road intersection as the current arrangements do not meet current standards.

Carparks

Construction of a new single car park over the existing carparks

Nobbys Beach Reserve is to have new pavement

Horseshoe Beach Road carpark is to have a thin overlay to rehabilitate the surface and is to be widened to the south.

The existing car park at Pasha Way will be raised to the same level of the pavement at the roundabout at Wharf Road, Nobbys Road, and Shortland Esplande.

A new 2 or 3 storey demountable building is proposed for the race weekend to be built within the existing car park area of the Foreshore Park adjacent to Wharf Road. This application does not include these works, and if proposed a separate application will be submitted and considered on its merits in view of the information submitted.

Upgrades

Renewal of kerb, footpaths, road pavement, road surface and water mains and upgrading of stormwater drainage to Nobbys Road to comply with current standards including upgrading in type of pipe, size and inlet pits.

The footpath along Nobby’s Road is too narrow to meet current minimum requirements and is proposed to be widened.

Improvements to pathways through Foreshore Park

Resurfacing of Horseshoe Beach car park surface

Street Lighting

Street Lighting will be upgraded and designed using current Australian Standards as well as being replaced with energy efficient LED. Wharf Road and Pasha Way will also have lighting upgrades and these will use smart lighting technology. The current lighting in Pasha Way along the major pathway is below Australian Standards or non-existent in places.

Landscape Works

As a part of the development within Nobbys Beach Reserve area, a landscape element is proposed as outlined in Attachment F to this report.

The applicant has stated that aligned with the work done by Hunter Living Histories, Supercars Australia will aim to bring to life the history of Newcastle in a number of initiatives with the University of Newcastle and Newcastle City Council including:

o Using event signage

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o Directional Maps that will display why the area is of significance, eg: Watt Street – the first street in Newcastle.

One concept being explored by the applicant is the reproduction of an ‘Irelands Breakfast Food’ sign as outlined below

5.4 Figures 2 below show the extent of the proposed civil works and race circuit within the SHR listing curtilage.

6.0 SITE AND CONTEXT

6.1 The proposed race circuit is located within the area known as Newcastle East and is partially located within the SHR listed Coal River Precinct, the area is also known as Nobbys Beach Foreshore Park to the south of Horseshoe Beach.

6.2 There are numerous state and locally listed heritage items in the vicinity of the Coal River Precinct as can be seen in figure 3 below. The site is listed as an item of Archaeological significance within ‘Schedule 5 – Environmental heritage’ of Newcastle Local Environmental Plan LEP (NLEP) 2012.

6.3 Surrounding heritage items within the area cross hatched on the map below have been identified as ‘Nobbys Lighthouse, headland & breakwater’ and Fort Scratchley and are included in the Newcastle Local Environmental Plan (NLEP) as items of State heritage significance. Further, the NLEP’s Newcastle East Heritage Conservation Area also includes the land, Fort Scratchley, Nobbys Head, Nobbys Pavilion and the Macquarie Pier as an Open Space and Recreation Zone and the Pilot’s complex.

6.4 Coal River Precinct occupies a scenic part of the city and contributes significantly to the townscape and attractions of Newcastle and Newcastle East. The combination of harbour, 19th and early 20th century buildings and Signal Hill forms one of the finest coastal and maritime townscapes in New South Wales (Hunter, C., 2001/HO).

Figure 2: Planned circuit development within the Coal River Precinct . Note: The orange dotted line shows the curtilage of the Coal River Precinct. The yellow lines represent the race circuit. (Source: Temporary Street Circuit, DWG No. K049, iEDM).

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7.0 HISTORY – LOCAL TIMELINE

Pre 1770 – Traditional Ownership

Awabakal is the aboriginal name for Nobbys. It is the location of a dreaming story which is culturally sensitive and ‘men’s business’ and gives the story of rock falls and earthquakes at Nobbys Head.

1770 – 1801 – European discovery & exploration

Nobby Head was first sighted by Europeans on 10 May 1770 by Captain James Cook from the ship Endeavour.

Informal accounts reach Sydney of the reserves of coal at “Coal River”

Lt Shortland and his crew enter Coal River and confirm the coal resources

Formal identification of the great potential of the coal reserves and the river and first and brief attempt to set up a coal mining camp

1802 – 1822 – Convicts and their keepers

Formation of a permanent convict/military outpost to mine coal, harvest timber and prepare lime in 1804

A light beacon and gun emplacement were built on the southern headland. Nobbys Island was seen as a useful place for confinement

Aboriginal-European encounters

Macquarie Pier commenced

Figure 3: Supercar Track shown by the dark grey line and SHR Items shown hatched in red (Source: Newcastle City Council)

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Significant expansion of building program including hospitals, stores, accommodation, gaol, church and windmills

Penal settlement was moved to Port Macquarie

1823 – 1856 – Transition from Penal Settlement to Free Settlement

Transition from a penal/military establishment to a civil settlement with administration.

The built environment of the penal era was gradually replaced

Beginning of private enterprise mining by Australian Agricultural Company

Work resumed on Pier building and was completed in 1846. Ballast and sand reclaimed the foreshore

Occupation of new military barracks. Lumberyard stockade was reused for other purposes

The Barracks complex was vacated by the Imperial military when the last convict workers left Newcastle

1857 – 1941 – Port Development, Defence and Recreation

Lighthouse was built on Nobbys Island

1942 – 1976 – War and Rumours of War

Japanese submarines attacked Newcastle including Nobbys Break Wall within the Coal River Precinct

1977 – Present – Celebration & Preservation

Newcastle City given control of Fort Scratchley

8.0 MATTERS FOR CONSIDERATION UNDER THE HERITAGE ACT 1977

8.1 When making a determination under Part 4, Division 3, Subdivision 1 of the Heritage Act 1977 in respect of an item or land, the approval body must, in accordance with s62, take the following into consideration: (a) the extent to which that application, if approved, would affect the significance of any item as

an item of the environmental heritage, (b) the representations, if any, made with respect to that application under section 61 (3), (c) such matters relating to the conservation of that item or land as to it seem relevant, and (c1) any applicable conservation management plan (within the meaning of section 38A) endorsed

by the Heritage Council, and (d) such other matters as to it seem relevant.

8.2 Matters for consideration and Heritage Division’s commentary are presented in the table below:

Matters for consideration under the Heritage Act 1977

Matters for consideration Comments

(a) the extent to which that application, if approved, would affect the significance

The larger works proposed as a part of this application involve the construction of a shared roadway across the Nobbys Beach Reserve, reconfiguration of Wharf Road/Pasha Way/ Horseshoe

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of any item as an item of the environmental heritage

Beach Road intersection and renewal of infrastructure and footpath widening along a stretch of Nobbys Road.

The precinct was occupied by the military encampment as early as 1940s and continued to remain so until the 1960s, as evidenced by the pictures taken in 1944. However, the current grassed setting of the Nobbys Beach Reserve is a modern development of the 1980s and not an integral part of its heritage significance. Therefore the proposed impact on the setting of the Coal River Precinct is considered acceptable (see Assessment Section of this report for more detail).

(b) the representations, if any, made with respect to that application under section 61 (3)

The application was advertised from 8 March 2017 to 30 March 2017 under s61 of the Heritage Act 1977 because of the potential material effect of the proposed development on the SHR listed Coal River Precinct and the public interest in this application. Now that the application has been fully assessed, it is considered that the proposal does not materially affect the significance of Coal River Precinct due to the mitigation measures included in the proposal and those recommended as conditions of approval. A number of objections to the proposal were also received by the Minister and the Heritage Council prior to the receipt of an s.60 application and the public notification of this application.

As a result of the exhibition period 110 submissions were received by the close of the notification period. Some submissions have been received since and will be tabled at the meeting.

For assessment of public submissions refer to section 10 of this report.

(c) such matters relating to the conservation of that item or land as to it seem relevant

This application is for the activity and associated civil works only to enable the Newcastle 500 (V8 Supercar race) within the Coal River Precinct. There are sections of the circuit outside the SHR listed Coal River Precinct not requiring approval for above ground works, however, approval may be required under s140 of the Heritage Act for any excavation due to potential archaeological impacts. Separate applications are anticipated for those works in due course.

(c1) any applicable conservation management plan (within the meaning of section 38A)

Coal River Precinct Conservation & Cultural Tourism Management Plan was prepared by Boyce Pizzey Strategic/CONVERGENCE DESIGN and dating to 2007. Refer to section 9.1.of this report. This document has not been endorsed by the Heritage Council of NSW.

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endorsed by the Heritage Council

(d) such other matters as to it seem relevant

Nil.

9.0 HERITAGE DIVISION ASSESSMENT

9.1 Coal River Precinct Conservation & Cultural Tourism Management Plan

The Coal River Precinct & Cultural Tourism Management Plan was prepared by Boyce Pizzey Strategic/CONVERGENCE DESIGN dated 2007. This plan has not been endorsed by the Heritage Council.

The plans principle purposes are: • To assist in the sustainable conservation and interpretation of the significant built fabric and archaeological remnants of Newcastle’s past. • To identify the contribution the Coal River Precinct can make to increasing tourist numbers and to enriching the tourism offer to targeted market segments • To improve understanding of Newcastle’s history – its importance to the nation; and, its contribution to the character of the City - and to interpret this as a source of community pride and cohesion

The plan also proposes • A city-wide experience marking the precinct as a focal point for understanding Newcastle’s physical birthplace and character • On-site interpretation of the precinct’s themes • Interpretation of individual components to exemplify their contribution to the precinctual themes. • Identification of experiences relevant to different visitors

• Opportunities for off-site interpretation

Although the plan provides principle purposes and proposes action the plan contains no policies or recommendations except in general recommends restriction of new buildings throughout the precinct. It also recommends that infrastructure works, interpretation, signage, and landscaping conform to Burra Charter standards. Based upon this the application is broadly consistent with the principles of this plan.

9.2 Curtilage

The proposal does not seek to alter the SHR curtilage boundary of Coal River Precinct.

9.3 Setting The proposed works especially widening of existing road and the construction of a 142m long new section of road within Coal River Precinct is considered to be visually intrusive within the landscape setting. However, the current grassed setting of the Nobbys Beach Reserve is relatively a modern

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feature as indicated in Figure 4 below. Figure 4 is a photograph taken in 1944 which shows a military encampment in the area circled red this is where the new roadway is proposed to be constructed. The area was redeveloped to its current form as a part of the Bicentennial Project in 1988 undertaken by Newcastle City Council. The current grassed landscape setting of the Coal River Precinct is not

associated with the Coal River Precinct’s heritage significance. Therefore, the impact on the setting is consider acceptable as the setting is not part of the statement of significance for the Coal River Precinct and should not be refused on these grounds. However, the proposal includes temporary reduction in width to accommodate a shared pedestrian/cycleway route once the race is completed each year. The applicant has not submitted any details of such rehabilitation works. This work is considered to be desirable for future interpretations of the Coal River Precinct therefore, it is recommended that a Landscape Rehabilitation Plan be prepared prior to the first race being conducted and implemented at the end of the race period each year to the satisfaction of the Manager, Heritage Division. It is also recommended that a bond be required by the Heritage Council in this regard until the final rehabilitation is completed at the end of the five year period.

9.2 Views and vistas

Figure 4: Aerial photograph of 1944 showing the military encampment at the present day Nobbys Beach Reserve, circled red. (Source: Statement of Heritage Impact)

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As part of the Statement of Heritage Impact a view and sightline analysis has been undertaken and this analysis concludes that the proposal;

Will not result in a visual impact on the built heritage landmarks in the vicinity or their contribution to the heritage significance of the Coal River Precinct.

Will not limit the views or limit the opportunity of the public and users of the area to enjoy the key sightlines and appreciate their significance, and

Will not impact on the views to and from adjacent heritage items or their heritage significance.

Long views from Fort Scratchley towards Stockton and from Nobbys Lighthouse to the precinct would not be dominated by the proposed development due to the raised level of Fort Scratchley and the distance of the Nobbys Lighthouse from the proposed development site. Similarly, views from the Nobbys Pavilion towards the development site although altered, would not be significantly impacted as the current view from the pavilion is dominated by the existing car parks. However, shorter views from within the Nobbys Beach Reserve and longer views from some parts of the Foreshore Park is likely to be temporarily altered while the associated structures are being constructed and used. However, once the race is completed and the structures completely removed the views will return.

It is also noted that there may be some temporary adverse visual impact due to the installation of temporary structures associated with the race including safety barriers, grandstands etc. Although these items are of a temporary nature approval under the Heritage Act 1977 may be required. However, these temporary structures do not form part of this application.

9.3 Vegetation and landscape elements

The applicant has advised that as part of the Newcastle Bicentennial Project in 1988, 447 trees were planted within the Foreshore Park, and 139 trees of mixed species within Camp Shortland. Unfortunately a lot of these trees have been lost mostly due to storms within the area. It is proposed to remove a number of trees within this area, and it is also proposed that 131 advanced shade trees are to be planted. Full details have not been given at this stage and therefore a full assessment can’t be undertaken. It is recommended that a Landscape Rehabilitation Plan mentioned under section 9.3 of this report also include measures relating to the removal, reinstatement and planting of trees. The proposal also includes installation of an interpretive landscape element within the proposed roadway at Nobbys Beach Reserve to reproduce an ‘Irelands Breakfast Food’ sign or a similar historical reference, as part of the general education and awareness relating to Newcastle’s past. It would be similar to the picture below.

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This landscape element is considered to be intrusive and avoidable. It is considered that any new element introduced as part of the interpretation should ideally be related to the history of the Coal River Precinct and its contribution to the development of the city of Newcastle. It is therefore, recommended that the proposed landscape element not be approved.

9.4 Historical Archaeology

The Archaeological Assessment prepared by Umwelt Pty Ltd for the project has noted that the proposed circuit is in the vicinity of a number of archaeological sites identified in the Newcastle Archaeological Management Plan 1997 and also in the more recent review of that Plan undertaken in 2013. Section 4.8 of the Umwelt report noted that the entire area of the circuit located within the SHR listed Coal River Precinct has been exposed to a certain level of disturbance as a result of a number of factors including:

• previous impacts associated the history of development; including demolition and construction of buildings

• previous impacts and level changes (including the raising of road levels) associated with ongoing streetscape and landscaping works

• previous impacts associated with utility service installation and maintenance.

The potential for archaeological remains to be exposed during the civil enabling works is generally considered to be low, with low to moderate potential for evidence of the military use of Nobbys Beach Reserve . This is summarized in Table 4.5 (p 70 of the Archaeological Assessment report).

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Although the proposed works would occur in the curtilage of the SHR Listed Coal River Precinct potential archaeological resource that may be exposed or impacted as part of the civil works is not expected to be intact or of high research potential. Although unlikely, any remains that may be exposed within the trenches to be excavated to replace utilities are likely to have been exposed to disturbance previously as a result of being within a well-used area of utility installation and as such it would be difficult to understand the context of any fragmentary remains exposed within the narrow trench. The remains are likely to be of limited research potential as a result of their isolation and probable disturbed and fragmentary nature.

Specific Archaeological Impacts are as follows :

Nobbys Road.

Stormwater drainage is to be replaced predominantly along the west side of the road with excavation depths of up to 1.9 metres to replace the drain. Excavation depths for the new road pavement are up to 430 millimetres on the west side of the road and 850 millimetres on the eastside where the grass verge will be removed. Geotechnical Borehole logs in Nobbys Road indicate between 320 and 420 millimetres of road surface, pavement and road base above ‘sub-grade fill material’ extending for at least a metre below ground level Roundabout. Excavation depths for the new road pavement along the west side of the roundabout area at the intersection of Nobbys Road, Shortland Esplanade and Wharf Road will up be up to 500 millimetres in depth with the trench for drainage being up to 1700 millimetres in depth. Borehole logs in the road adjacent (west of) the roundabout indicate approximately 300 millimetres of road surface, pavement and road base above approximately 150 millimetres of ‘general fill’, above up to approximately 500 millimetres of ‘sub-grade fill material’ including some brick an slag material. Nobbys Carpark. Nobbys Carpark area north of Wharf Road is to be filled by up to 780 millimetres above the existing surface. No excavation is proposed. Nobbys Beach Reserve. Excavation depths for the new road pavement across Nobbys Beach Reserve vary between approximately 210 and 520 millimetres, with impacts from reconstruction of existing pavements to be only 60 millimetres. Trenches for drainage will be up to 1.8 metres depth. Borehole logs in Nobbys Beach Reserve indicate between approximately 200 millimetres to 1.1 metres of ‘general fill material’ above sand deposits (reclamation fill) to a depth of at least 2 metres. Wharf Road. Excavation depths for the new road pavement will be up to 850 millimetres along the edge of Foreshore Park and up to 150 millimetres to replace the existing pavement. Borehole logs in Wharf road indicate up to 450 millimetres of road surface, pavement and road base above approximately 500 millimetres of ‘sub-grade fill material’ containing gravelly sand and slag.

The submitted Geotechnical Investigation Report mentions that the roundabout at Wharf Road/Nobbys Road and Shortland Esplanade would be removed and would be sealed with asphalt. However, the applicant has confirmed that it is a temporary change only for the duration of the race and there would be no change to current traffic management arrangements around Newcastle.

Historical archaeological impacts of the proposal can be managed through recommended standard consent conditions for archaeology.

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9.5 Vibration issues

The area in proximity of the proposed race track is mostly open landscape. Therefore, vibration impacts are likely to be limited to any potential archaeological resources. The vibrations directly transferred to the ground from the cars are likely to be mitigated to some extent by the concrete road base for the track. Therefore, the likely impact of such vibrations on Coal River Precinct’s heritage significance is considered acceptable.

However, the impact of the sound vibrations on any nearby heritage structures should also be monitored during a test run. It is recommended that both types of vibrations be documented through test runs as soon as the race track is available and mitigation measures be put in place immediately including sound barriers and speed limits, if required. Also the physical condition of all State Heritage Register items in the vicinity must be documented prior to the races, during test runs, during the actual race and after the race. If any damage is noticed, further mitigation measures must be put in place within an agreed timeframe with their nominated heritage consultant.

9.6 Potential damage caused by crashes and flying debris

The potential for accidental damage due to flying debris and crashes during such high speed race events cannot be underestimated and overlooked. In this instance the likelihood of such damage may be reduced as a result of the open nature of the Coal River Precinct, however, adequate measures must be put in place to avoid damage to any heritage structures or elements in the vicinity of the race track even if the risk is minor. It is recommended that adequate barriers be required to be put in place prior to the test runs being conducted and during the race period to ensure there is no accidental damage possible to any historic structure.

9.7 Demolition

Demolition works proposed for this project include the following:

Removal of power poles, communication pits, storm water pits, footpath and kerbs in certain sections along Nobbys Road, Wharf Road, Pasha Way and within the Foreshore Park and Nobbys Beach Reserve.

The applicant has stated that the kerbs within the proposed development area and the footpaths located adjoining the Boatmans Terrace Group are not listed as heritage items on the State Heritage Register nor within Schedule 5 ‘Environmental heritage’ of NLEP 2012, and on this basis are not of historic significance.

The applicant states that the kerbs and footpaths are not historically significant given that they are not specifically listed within Schedule 5 of the NLEP nor on the inventory sheet. However, they relate to the historic character of the precinct and while the removal of the kerbs and footpaths would have no adverse impact on the heritage significance of the Coal River Precinct, their removal would have an irreversible effect on the historic character of the precinct within the Conservation Area. It is recommended that the replacement kerbs, footpaths and street inlay signs be of an equal design quality and similar materials to retain the overall character of the precinct. Details should be included in the Landscape rehabilitation Plan recommended as part of section 9.3.

In May 2015 an exemption was endorsed by the Heritage Division, OEH in accordance with Section 57 (2) of the Heritage Act for Telstra/NBN installation works along Nobbys Road and adjacent to the Pasha Way as the works were considered to be minor in nature. Given this it is envisaged that the proposed relocation of NBN cable and removal of some pits in this application would be considered to be similar in nature and is unlikely to impact the significance of the Coal River Precinct.

9.8 Impact on Aboriginal Cultural Heritage

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The Archaeological Assessment report prepared by Umwelt Pty Ltd for the project provided a brief consideration of Aboriginal Heritage aspects. The wider area forms part of a landscape that was used by the traditional Aboriginal owners, the Awabakal for many thousands of years prior to European contact and continues to be highly valued by Aboriginal people today. Prior to European contact, the shorelines of the Hunter River estuary and coast would have provided a range of reliable and easily accessible resources for Awabakal people, such as fresh water from the estuary and springs in the immediate area (such as near the corner of Wolfe and King Streets), a range of aquatic fauna and migratory birds from the estuary and coast lines, and rhyolitic tuff for stone tool manufacture from Nobbys Island (Whibayganba).

This is a matter for the Regional Operations Group, OEH as the sites are protected under the National Parks and Wildlife Act 1974 and separate processes apply. A standard condition advising the applicant of this requirement has been included in the recommendations.

9.9 Signage opportunities

An event of this nature has a potential to be associated with large scale advertising signage. Details and scale of potential signage has not been submitted with the application. It is considered that large scale signage (size and number) has a potential to have an unacceptable impact especially if it was retained for periods longer than the event days plus bump in and out. It is recommended that a condition be placed on any approval limiting the signage to the event days plus a week on either side of the event for bump in and bump out period.

9.10 Impact on the overall Heritage Significance of Coal River Precinct

The Heritage Impact Statement submitted as part of this application has provided an assessment of heritage significance and concluded that “the proposed works when considered in detail and in respect to the heritage significance of the precinct will not adversely impact on the historic themes, the values or the historic fabric of the place. The proposed upgrade of infrastructure and utilities would be positive outcome for the communities use of this significant precinct. There would be no impact to the heritage significance of Coal River Precinct”.

Coal River Precinct’s heritage significance is based on being the first and most important industrial centre, the site of Newcastle's first coal mine, the site of the first navigational aids for coastal shipping and Hunter River traffic, and the site of a series of fortifications designed to protect the growing settlement and its precious coal reserves. With its indigenous associations the Coal River Precinct is a true ‘birthplace’ site. Its land, buildings and subterranean remains concentrate elements of the Newcastle story from pre-history through the first hundred years of European settlement. It is noted that although the landscaped nature of the Precinct enhances its aesthetical qualities, the heritage significance of the Coal River Precinct is not based on its current landscape qualities. The current views and landscape settings are largely due to work over many years and the Bicentennial Program undertaken in 1988 by Newcastle City Council. The works were undertaken in order to conserve the heritage character area of Newcastle East and the heritage significance of the Coal River Precinct. The proposal does not physically impact on any significant structures located within the precinct nor does it block any significant views from any identifies vantage points in a permanent manner. Although not part of this application it is anticipated that some temporary structures (such as marquees, port-a-loos stages or seating areas) may be required for the duration of the race. However they will be reversible and will only be required for a few days each year. These elements will be subject to separate applications at a later date.

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Some mitigation measure have been proposed by the applicant and further measures can be included as conditions to mitigate the likely impacts further. Relevant conditions relating to mitigation measures have been included in the recommendations of this report.

9.11 Interpretation

A design element has been proposed on the Nobbys Beach Reserve for the interpretation of the broader significance of the place. The design element is considered to be intrusive to the current landscaped setting of the precinct. It is recommended that a broader interpretation strategy be prepared and implemented as part of this project to the satisfaction of the Manager, Heritage Division.

The Statement of Heritage Impact states that Supercars Australia have liaised with the Hunter Living Histories – Coal River Working Party to initiate a ‘Newcastle 500 Event Partnership’ that will include interpretation within the Coal River Precinct. However, the details of the program are not provided and therefore this aspect is not a part of this application. Given that full details have not be included within the application the proposal may need approval under the Heritage Act 1977.

Any recommendations for interpretation arising from this program is to be within the interpretation strategy.

10.0 NOTIFICATIONS AND REPRESENTATIONS

10.1 Public notice was sought under the Heritage Act 1977 because it was considered that the proposal is likely to materially affect the significance of the Coal River Precinct and significant public interest. However, following detailed assessment it is now considered that the proposal does not materially affect the significance of the subject heritage item.

10.2 The application was advertised in accordance with s.61 of the Heritage Act 1977.

10.3 110 submission were received, which are summarised in the table below:

Summary of Issues Heritage Division Commentary

Lack of viewing locations and copies of the Section 60 application. No public notice within the Newcastle Herald.

Section 61 of the Act requires public notification in a NSW state wide newspaper for 21 days. The Section 60 application was advertised in the Sydney Morning Herald in compliance with the provisions of the Heritage Act 1977 for public notification from 8-30 March 2017. Although not required by the Heritage Act, notification was also placed in the Daily Telegraph (8-30 March) and the Newcastle Herald. However, due to some technical issues the notification appeared one week later in the Newcastle Herald with an apology by the paper. Additional location was also made available to public to access the application documents. In addition, acknowledging the difficulties faced by

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the public in accessing the documents due to high demand, the documents were placed on OEH website on 21 March until 30 March of the notification period.

Lack of proper community consultation by Supercars Australia. No consultation with relevant agencies and Aboriginal groups.

It is a matter for Supercar Australia and Destination NSW to consider.

The application to the Heritage Council is simply “window dressing.”

The Section 60 application to the Heritage Council is a requirement of the Heritage Act 1977 for any works to an item listed on the State Heritage Register, which in this case is the Coal River Precinct. The application was submitted in the appropriate form and was considered to be adequate for assessment.

Heritage report carried out without guidance from experienced local and state government personnel.

Heritage reports submitted as part of the applications are a responsibility of the applicants and are prepared by their consultants. The application was advertised which allow for submissions.

The heritage report is incomplete as: - it only covers the Coal River

precinct and not the Newcastle Conservation Area and its heritage buildings.

- It does not assess the vibration impacts that will result from running the race.

- It lacks detail on the works involved for the pit facilities in Foreshore Park.

- It is unclear what structures will be temporary or permanent.

- It does not outline the impacts of construction work and enabling works.

- It provides no detail of the impact of crashes.

- The heritage interpretation proposal is inadequate and misleading.

The report focuses on the Coal River Precinct because Heritage Council approval is only required for the portion of track within the Coal River Precinct. The application was considered acceptable for assessment. Appropriate condition have been included in the recommendations to address matters relating to vibration impacts, design details, impacts of construction and enabling works and interpretation. Refer to the Assessment section 9.0 of this report.

Inaccuracies and inconsistencies in the heritage report.

Statements made in the heritage reports submitted with the application are those of the author and their company and will not impact the Heritage Council in making a determination.

The application does not fully consider historical archaeology, nor

Refer to the assessment section of this report.

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does it outline how archaeology will be conserved and finds managed.

Independent peer review of proposal and heritage listing of Coal River Precinct should be carried out.

An independent assessment has been made by the Heritage Division through this report. A review of the listing is considered to be outside the purview of the s60 application process under the Heritage Act.

Inappropriate location for a race track within metres of heritage properties and within a heritage precinct. Adverse impacts on the heritage significance of the Coal River Precinct and Newcastle East Conservation Area.

Refer to section 9.4 of this report.

A race track is an incompatible use in the Coal River Precinct.

Refer to Section 9.1 of this report.

No benefits in constructing a race track through a heritage listed area.

It is a matter for Newcastle Council and Destination NSW to consider.

Visual impact of the race track, associated structures, new roads and carparks. Impacts on views in the precinct and from Fort Scratchley and Nobbys Lighthouse.

Refer to Section 9.3 of this report.

Destruction of the Coal River Precinct through removal of established trees and concreting public parkland.


The roadworks will be permanent, not temporary.


Heritage character diminished through proposed road realignments and widenings.

Damage to or loss of historic footings, sandstone kerbing, street name inlays and memorial plaques.


Concerns that the new asphalt ‘shared road’ that cuts through the Coal River Precinct can be ‘grassed over’ each year.


Concern about the structural integrity and damage to historic buildings and sites, from construction work, new structures, vibration, crashes and flying debris.


Removal of 1909 Coal Monument in Parnell Park.

The Parnell Park is located directly outside of the Coal Rover Precinct and thus not covered by this application.

A Heritage Management Plan should be prepared in consultation with the community before a S60 application is considered.


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No major approvals should be granted until the Conservation Management Plan for the Coal River Precinct is finalised.


Artefacts exposed from the current civil works are not being properly managed.

Refer to the assessment section of this report. The Heritage Division received separate notification about discovery of artefacts during works by Newcastle City Council. The artefacts are not from significant archaeological sites or deposits.

The proposal is inconsistent with the Heritage Act and Burra Charter.

It is considered that the proposal complies with the requirements of the Heritage Act as assessed in this report. Formal compliance with the Burra Charter is not a legislative requirement in the determination of this application.

Appeals to the Heritage Council to refuse the application.

The application is being considered by the Heritage Council Approvals Committee at its meeting on 5 April for determination

Adverse social and environmental impacts upon the village-like atmosphere, community gardens, air quality, flora and fauna, noise levels, public safety and potential flooding.

These are planning matters that must be addressed by the applicant and Destination NSW as the consent authority.

Public recreation areas destroyed for commercial use and private gain.

Disruption to local residents and businesses and other visitors.

Minimal and short term benefits to locals.

Compensation for building damage is necessary.

Indications from the applicant that it is too late to change the race route.

The proposal is inconsistent with Newcastle Council’s 2015 Foreshore Management Plan.

Removal of traffic calming measures.

Hooning and anti-social behaviour. Drivers will experience the track throughout the year.

Restricted access during race times.

Approval will set a dangerous precedent.

Each application is assessed on its merits and the legislation applicable at the time.

The proposal should be scrutinised in a manner similar to other heritage items where development approval has been sought.

The proposed road heavily impacts on the archaeological site

Due to changes in levels over time and depths of fill in the area direct impacts are unlikely.

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Refer to Section 9.4 and 9.5 of this assessment report

Artefacts from Newcastle’s past are rare and therefore important

Refer to Section 9.4 of this assessment report.

Conjecture about little probability of digging up artefacts is unproven and untested

The Archaeological Assessment submitted for the proposal has considered a range of information, including recent geo technical bore logs. Refer to Section 9.4 of this assessment report.

Devaluing Aboriginal dreaming sites This is a matter for the Regional Operations Group , OEH as the sites are protected under the National Parks and Wildlife Act 1974 and separate processes apply.

Works for Bathers Way and the Foreshore Park are being bought forward and the plans and specifications for these have not yet been drawn up

The Heritage Division received separate notification about discovery of artefacts during works by Newcastle City Council. The artefacts are not from significant archaeological sites or deposits, they derive from disturbed deposits and later episodes of dumping and filling of the area. Future applications for archaeological impacts of the Bathers Way Project are anticipated.

Impact to Fort Scratchley Refer to the assessment section of this report. Visual impacts would be temporary.

11.0 CONCLUSION

11.1 Although the, landscaped nature of the Precinct enhances its aesthetical qualities, the heritage significance of the Coal River Precinct is not based on its current landscape qualities. The current views and landscape setting are largely due to work over many years and the Bicentennial Program undertaken in 1988 by Newcastle City Council. The works were undertaken in order to conserve the heritage character area of Newcastle East and the heritage significance of the Coal River Precinct. The proposal does not physically impact on any significant structures located within the precinct nor does it block any significant views from any identifies vantage points in a permanent manner.

11.2 Although not part of this application it is anticipated that some temporary structures (such as marquees,

port-a-loos stages or seating areas) may be required for the duration of the race. However, they will all be completely reversible and will only be required for a few days each year. These elements will be subject to separate applications at a later date.

11.3 On the whole the likely impacts of the proposal are not such that would warrant refusal. Some mitigation measures have been proposed by the applicant and further measures can be included as conditions to mitigate the likely impacts further. Relevant conditions relating to mitigation measures have been included in the recommendations of this report.

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11.4 Having regard to all of the above matters, it is considered that the proposal is acceptable and is recommended for approval subject to the recommended conditions.

12.0 RECOMMENDATION

12.1 It is recommended that the Heritage Council of NSW:

12.2 Approves S60/2017/33 application under section 63 of the Heritage Act 1977, subject to the following conditions:

12.3 A Landscape Rehabilitation Plan shall be prepared prior to the first race being conducted and implemented at the end of the race period each year to the satisfaction of the Manager, Heritage Division. This Plan must include:

12.3.1 Details of the temporary reduction in width to accommodate a shared pedestrian/cycleway route once the race is completed each year and implementation & funding mechanisms.

12.3.2 Details and measures relating to the removal, reinstatement and planting of trees;

12.3.3 Details of the replacement kerbs, footpaths and street inlay signs. These shall be of an equal design quality and similar materials to retain the overall character of the precinct;

12.3.4 The final Landscape Rehabilitation Plan (one year prior to the final race) must review the future use/form/extent of the track within the Coal River Precinct, including removal or reduction, to further minimise the visual impact. This plan must be submitted and approved by the Heritage Council of NSW one year prior to the final race.

Reason: To identify and create a requirement to implement mitigation measures. The details requested have not been provided with the application. The assessment and management of these details is considered essential in order to obtain a good heritage outcome through interpretation.

12.4 A bond/Bank Guarantee shall be submitted in favour of the Heritage Council of NSW equal to the cumulative cost of rehabilitation works proposed as part of the above Landscape Rehabilitation Plan, to be worked out by a qualitative quantity surveyor, at no cost to the Heritage Council. This bond/Bank Guarantee shall be held by the Heritage Council of NSW until the final rehabilitation is completed at the end of the five year period to the satisfaction of the Executive Director, Heritage Division;

Reason: To ensure implementation of the relevant mitigation measures.

12.5 The proposed interpretive landscape element is not approved.

Reason: This landscape element is considered to be intrusive and avoidable. It is considered that any new element introduced as part of the interpretation should ideally be related to the history of the Coal River Precinct and its contribution to the development of the city of Newcastle.

12.6 The application has not included any signage proposal. Therefore, no signage is approved. Separate approval is required for any signage. It is expected from such signage proposal that all signage associated with the event including directional as well as advertising or promotional signage shall be limited to the event days plus a week on either side of the event for bump in and bump out period and that all such signage shall be removed within a week following the event.

Reason: To avoid adverse visual impact on the setting of significant heritage elements located within the Coal River precinct and other State Heritage Register listed items in the vicinity.

12.7 Directly transferred and sound vibrations arising from the proposed racing event shall be documented through test runs as soon as the race track is available and mitigation measures put in place immediately including sound barriers and speed limits, if required. Also condition of all heritage buildings/items within

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the proposed race circuit vicinity must be documented prior to the races, during test runs, during the actual race and after the race. If any damage is noticed, all vibration causing activities must cease immediately and further mitigation measure be put in place prior to resuming those activities;

Reason: The assessment and management of these impacts is considered essential in order to obtain a good heritage outcome and to avoid avoidable damage to heritage structures and elements in the vicinity.

12.8 Adequate barriers must be put in place prior to the test runs being conducted and during the race period to ensure there is no accidental damage possible to any historic structure, to the satisfaction of the Manager, Heritage Division;

Reason: The assessment and management of these impacts is considered essential in order to obtain a good heritage outcome and to avoid avoidable damage to heritage structures and elements in the vicinity

12.9 A broader interpretation strategy must be prepared and implemented as part of this project to the satisfaction of the Manager, Heritage Division prior to the first race being conducted;

Archaeological Conditions

12.10 Archaeological monitoring must be undertaken in accordance with the recommendations provided in the report ‘Coal River Precinct Archaeological Assessment Civil Works – Newcastle V8 Supercars’, FINAL, February 2017 prepared by Umwelt (Australia) Pty Ltd. The approved Excavation Director for the archaeological work is Mr Tim Adams of Umwelt Pty Ltd. The Applicant must ensure that the nominated Excavation Director is present at the site supervising all excavation activity likely to expose relics.

12.11 The Applicant must ensure that the nominated Excavation Director takes adequate steps to record in detail relics, structures and features discovered on the site during the archaeological works in accordance with current best practice. This work must be undertaken in accordance with the NSW Heritage Office guidelines, ‘How to Prepare Archival Records of Heritage Items’ (1998) and ‘Guidelines for Photographic Recording of Heritage Items’ (2006).

12.12 The Applicant must ensure that if substantial intact archaeological deposits and/or State significant relics not identified in the report ‘Coal River Precinct Archaeological Assessment Civil Works – Newcastle V8 Supercars’, FINAL, February 2017 prepared by Umwelt (Australia) Pty Ltd, are discovered, work must cease in the affected area(s) and the Heritage Council of NSW must be notified. Additional assessment and approval may be required prior to works continuing in the affected area(s) based on the nature of the discovery.

12.13 Should any Aboriginal objects be uncovered by the work, excavation or disturbance of the area is to stop immediately and the Office of Environment & Heritage (Enviroline 131 555) is to be notified in accordance with Section 89A of the National Parks and Wildlife Act, 1974 (NPW Act). Aboriginal objects in NSW are protected under the NPW Act. Unless the objects are subject to a valid Aboriginal Heritage Impact Permit, work must not recommence until approval to do so has been provided by the Office of Environment & Heritage.

12.14 The Applicant is responsible for the safe-keeping of any ‘relics ‘recovered from the site. The Applicant must ensure that the nominated Excavation Director cleans, stabilises, labels, analyses, catalogues and stores any artefacts recovered from the site in a way that allows them to be retrieved according to both type and provenance.

12.15 The Applicant must ensure that a final excavation report is prepared by the nominated Excavation Director, to publication standard, within one (1) year of the completion of the field based archaeological activity unless an extension of time or other variation is approved by the Heritage Council of NSW. Further copies of the report should be lodged with the local library and/or another appropriate local repository in the area in which the site is located.

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Reason: These are standard archaeological conditions to mitigate impact on significant historical archaeological resources at the site. These are standard Heritage Council conditions to ensure the appropriate management of significant historical archaeological resources at this site before, during and following works.

12.16 All work on site shall be detailed and executed in consultation with a suitably qualified and experienced heritage consultant.

Reason: The involvement of a heritage consultant is considered essential in order to obtain a good heritage outcome and to avoid avoidable damage to heritage structures and elements.

12.17 An archival photographic recording all of the affected elements is to be undertaken prior to the commencement of, and during the works to document the changes occurring to the building, in accordance with the Heritage Division document entitled, Photographic Recording of Heritage Items using Film or Digital Capture. The original copy of the archival record shall be submitted to the Heritage Division and a copy with Newcastle City Council.

Reason: To ensure that the site is properly documented prior to their modification and that copies of the archival recordings are kept with the relevant authorities and to ensure that the original copies of significant documents are retained for future reference

12.18 Officers of the Office of Environment and Heritage, Heritage Division are to be permitted entry to the site at any time as a condition of this approval and may photograph, take samples or request records in relation to any aspects of the approved activity.

12.19 The Applicant and the nominated Heritage Consultant may be required to participate in random audits of Heritage Council approvals to confirm compliance with conditions of consent at any time.

Reason: To ensure compliance with conditions.

12.20 This approval shall be void if the activity to which it refers is not completed within five years after the date of the approval, or within the period of consent specified in any relevant development consent granted under the Environmental Planning and Assessment Act 1979, whichever occurs first.

Reason: To comply with legislation.

The undersigned declare, to the best of their knowledge that they have no interest, pecuniary or otherwise, in this application or persons associated with it and have provided an impartial assessment.

Prepared by: Mrs Bronwyn Smith

A/Senior Team Leader Heritage Planning

Reviewed and approved by:

Mr Rajeev Maini Acting Manager, Conservation

4 April 2017

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