Fitzroy Gardens fight far from over

The stoush over an upgrade and expansion of the children’s playground at the historic Fitzroy Gardens in Kings Cross looks set to continue despite the City of Sydney Council giving final approval to the project on Monday night.

All councillors except Liberal Councillor Christine Forster voted to support the tender which would see new playground equipment installed, and the playground expand from 130 square metres to 317.5 square metres.

Andrew Woodhouse, President of the Potts Point & Kings Cross Heritage Conservation Society, said the group would lodge an appeal against the decision by week’s end.

“We’ll be lodging an appeal on Thursday or Friday,” said Mr Woodhouse, who added the matter was “far from over”.

“A complicating matter here is that there’s usually a development application (DA) to appeal against, but in this case the City of Sydney didn’t lodge a DA,” he said.

City News understands a DA was not lodged for the project as the City considers it a minor upgrade of existing facilities and not a new development per se.

But Mr Woodhouse said he believed any work which may involve demolition of heritage items did require a DA under the State Environmental Planning Policy, and that playgrounds weren’t exempt from DAs.

The City of Sydney has conceded the Fitzroy Gardens project may involve the demolition of a wall and a mosaic by artist Steven Vella.

Mr Woodhouse’s assertions have been given some weight by an email from the NSW Department of Planning and Infrastructure sent to the Potts Point & Kings Cross Heritage Conservation Society.

In the email, Senior Planner Daniel Cutler said: “My reading of [the State Environmental Planning Policy] is that demolition of heritage items of any size by a public authority is not exempt development and would require development approval.”

But Mr Cutler advised that he was not a legal expert and said further advice was required.

In related news, an email by an ally of Sydney Lord Mayor Clover Moore, critical of Mr Woodhouse and other locals opposed to the project, has caused controversy and threats of legal action.

The missive, sent by Kings Cross parent and businesswoman Claudia Bowman to numerous people earlier this month, branded Mr Woodhouse and prominent locals such as Kings Cross writer Dr Mandy Sayer “dark”, “toxic” and “discriminatory”.

Ms Bowman – who ran on Ms Moore’s election ticket last year – also criticised figures who have questioned the project, such as City of Sydney Councillor Angela Vithoulkas.

“Unfortunately there are councillors that hate Clover like Councillor Angela Vithoulkas and she will oppose anything Clover is pro,” claimed Ms Bowman.

Ms Moore has declined to distance herself from Ms Bowman’s comments, leading Dr Sayer to opine: “I suspect the Lord Mayor is quietly enjoying – and even endorsing – Ms Bowman’s behavior.”

Ms Vithoulkas said: “Claudia Bowman’s email tirade is inaccurate and offensive and I believe it could be defamatory. I am seeking legal advice.”

Ms Bowman stood by her comments when contacted by City News.

“We’re talking about a children’s playground here,” she said. “I find the opposition to something as simple and innocuous as a children’s playground really quite sick.”