Edward River Council last week stopped all work in the gardens after it was discovered an order was in place.
The existence of the order was not revealed in any planning for the upgrade project, or during a new heritage review undertaken this year relating specifically to the partial removal of the low brick wall on Cressy St.
The continuation of work will be subject to approval by Heritage NSW, who will be sending an assessor to Deniliquin.Investigations by Edward River Council staff has found the former Deniliquin Council was made aware of a permanent conservation order via a letter from the Heritage Council of NSW on April 9, 1981.
From the minutes of the Deniliquin Council ordinary meeting held on May 20, 1981, it is noted:
‘‘With reference to publication in the Government Gazette No. 52 dated April 6, 1981 of a permanent conservation order in respect of the former St Paul’s Church and Church Hall, and Waring Gardens bounded by Cressy, Edwards, Harrison and Napier Streets, the Heritage Council of NSW, with its letter dated April 9, 1981, forwarded a copy of the order with was numbered 62. The council received the information,’’ the report read.
Interim general manager John Rayner said there is no other reference recorded in the minutes of any discussion regarding the permanent conservation order, either during that meeting, or any other meeting for the rest of the year.
Mr Rayner said further investigation of council minutes appears to indicate the council at the time did not appreciate any significance of the order, as discussions continued regarding upgrade works at both St Paul’s Church and other areas within the permanent conservation order zone.
‘‘Since that time, we believe subsequent councils acted in good faith in regard to any renovation, repair, safety or upgrade works in Waring Gardens, without knowledge of any implications of the conservation order,’’ he said.
‘‘No current Edward River Council councillors or staff were aware of the order, nor was the council’s long-term heritage consultant or the independent assessors of our development application.’’
The NSW State Heritage register currently lists St Paul’s Anglican Church and Hall (former). It does not specifically note Waring Gardens.
‘‘Council is co-operating with Heritage New South Wales and welcomes their inspection of current and proposed works at Waring Gardens before work recommences.’’
