[Greens-Media] Torbay linked to lifting of heritage order on donor's property

[John Kaye]

Torbay linked to lifting of heritage order on donor's property

Media release: 9 May 2013

Former speaker of the NSW Legislative Assembly Richard Torbay has been
directly linked to the lifting of the heritage listing on a property owned
by a major campaign donor.

('The developer, the $100k gift and the 'highly effective' MP' Sydney
Morning Herald 9 May, p. 1, http://j.mp/smh130509)

Documents obtained by Greens NSW MP John Kaye show that Mr Torbay set up a
meeting between the then Planning Minister Tony Kelly and the owners of the
heritage-listed property Graham McCullagh.

Six months later Mr Torbay received a $100,000 donation from a
McCullagh-owned company.

Media comments:

Dr Kaye said: "It is hard to identify why the Speaker was advocating on
behalf of the McCullaghs. His seat is hundreds of kilometres from both the
property and the residential address of its owners. The subsequent campaign
donation raises legitimate questions.

"The turning point for the McCullaghs appears to have been the 23 June 2010
meeting Mr Torbay set up with Planning Minister Kelly. The documents show
that from then on everything went their way, including changes to the
Heritage Architects report in July and the lifting of the order on 13
August. The $100,000 campaign donation flowed five months later.

"As speaker and a close associate of the Labor party, Richard Torbay set in
train a meeting with the then Planning Minister. The process ended with the
lifting of the heritage listing on the McCullaghs' property and a
substantial increase in its resale value. Five months later the owners
delivered a $100,000 donation to Mr Torbay.

"Everything went the right way for Mr Torbay's biggest donor. The
architect's recommendations were downgraded after a number of revisions
were requested by the heritage branch of Tony Kelly's department. The
Planning Minister then lifted the heritage order and the resale value of
Peroomba substantially increased," Dr Kaye said.

For information:  John Kaye 0407 195 455

--------------------------------------------------------------------------------------------

Background

Georgiana and Graham McCullagh own GEGM Investments, which made a $100,000
donation to Torbay on 21 December 2012.

The McCullaghs also own the property and building known as Peroomba, 11
Harrington Avenue Warrawee, on which then Planning Minister Tony Kelly
imposed a 12 month Interim Heritage Order on 15 June 2010.

The order was lifted on 13 August 2010 by order of the Minister Kelly,
despite a draft independent heritage assessment deeming the property has
significant local heritage value.

Documents obtained by Greens MP John Kaye through a NSW Upper House call
for papers demonstrate Torbay's involvement:

Document 19: Emails establishing meeting between Minister Kelly, Speaker
Torbay and Property owner McCullagh  at the request of Torbay 21/22 June
2010

An email trail dated from 21 to 22 June 2010 starts with Margaret McDonald,
Torbay's Private Secretary, requesting on behalf of McCullagh a meeting to
discuss the interim heritage listing of Peroomba.

Mr Kelly’s staff member agreed the meeting and which occurred on 23 June.

A Department of Planning briefing note titled “Meeting with Richard Torbay
and Cameron McCullagh Re: Peroomba” was also drafted for Mr Kelly for the
purposes of the meeting.

Document 23: Email correspondence between Manager, Listings Team, Heritage
Branch and Tom Gellibrand on commissioning of Tropman and Tropman for
Heritage Assessment of Peroomba late June early July 2010

In this email correspondence, a Mr McCullagh is expressing his concerns
over the veracity of claims that Peroomba has heritage significance.

McCullagh requests that he be shown the heritage report before it is
finalised, and if this is not granted he wishes to speak with the
Minister’s office and he has “assurances that this will be possible at very
short notice (therefore will not unduly slow the process)”

Document 25: Draft Heritage Assessment and Comparative analysis submitted
by Heritage Architects Tropman and Tropman as annotated by Heritage Branch
July 2010

Page 39 of the report states in “Conclusions on Heritage Significance” that

“Peroomba….meets six (6) of the seven (7) criteria. Peroomba…is of local
heritage significance"

The draft report goes on to recommend on page 49 that

“7.1 Peroomba…should be considered for heritage listing as a Local Item of
Significance...
7.2 Peroomba should be appropriately conserved, including significant
building fabric and garden components. Some adaption would be acceptable.”

Document 26: Email to Tropman and Tropman regarding the Heritage Branch
comments on Heritage Assessment and Comparative Analysis 15 July 2010

An email from the Heritage Branch to Tropman and Tropman requests that the
local heritage status, rather than state significance, be stressed in the
report.

Document 27: Peroomba, Heritage Assessment and Comparative Analysis
submitted by Heritage Architects Tropman and Tropman  July 2010

In issue 2 of the Heritage Assessment and Comparative Analysis, the
recommendations appear markedly different from the first version, with
conclusions of stand-alone local heritage significance removed. The report
recommends:

“7.1 Peroomba house and associated curtilage….should be considered as a
contributory item to the Kur-ring-gai local government area…

“7.2 Peroomba should be appropriately managed, as part of a possible
conservation area.”

Significant changes between the drafts include:
¨    Downgrading from 'heritage listing' to 'contributory item'
¨    Downgrading from 'appropriately conserved' to 'appropriately managed'

Document 31: Letters to Mr and Mrs McCullagh (owners) and general manager
Kur-ring-gai council 13 August 2010

The Minister informs the owners and the general manager Kur-ring-gai
council John McKee that the heritage assessment of Peroomba concluded that
“the property does not meet the threshold for inclusion either on the state
Heritage Register or Kur-ring-gai’s Local Environmental Plan.”

Consequently the Minister advised that the Interim Heritage Order had been
revoked.

-- 
----------------------------------------
John Kaye
Greens NSW MP
phone: 0407 195 455
web: www.john.nsw.greens.org.au
----------------------------------------