THE FOLLOWING ADDITIONAL ITEM IS SUBMITTED FOR THE

COMMITTEE’S CONSIDERATION

D-1304.15 PAGE 3

RESCISSION MOTION – Boot Factory (A08/1326)

This matter was last considered by Council at its meeting held on 16 April 2013.

Subsequently, the following Notice of Rescission was submitted by Crs Kanak, Masselos

and Strewe:

“We, the undersigned, give notice of our intention to rescind the decision made by Council at

its meeting on 16 April 2013 regarding Item 1304.12.10 – - Boot Factory.

Crs Kanak, Masselos and Strewe”.

A copy of the Minute Extract from the Council Meeting held on 16 April 2013 is attached.

A copy of the report dated 9 April 2013 from the Director, Corporate & Technical Services

previously considered by Council at its meeting held on 16 April 2013 is also attached.

Recommendation: That Council determine the Rescission Motion.

This is a Minute Extract from the Waverley Council Meeting held on 16 April 2013

1304.12.10  Boot Factory (A08/1326)

MOTION / DECISION (Betts / Guttman-Jones)

That Council approves commencement of the process for urgent demolition of the Boot

Factory building located at 27-29 Spring Street, Bondi Junction.

For the Motion: Crs Betts, Burrill, Cusack, Goltsman, Guttman-Jones, Kay

and Mouroukas.

Against the Motion: Crs Kanak, Masselos and Strewe.

REPORT TO COUNCIL

Boot Factory (A08/1326)

Report dated 9 April 2013 from the Director, Corporate and Technical Services about the

Boot Factory building at 27 Spring Street, Bondi Junction.

Recommendation: That Council approves commencement of the process for urgent

demolition of the Boot Factory building located at 27-29 Spring Street, Bondi Junction.

Purpose of Report

To update Council on the current condition of the Boot Factory following a reassessment of

the building by Council’s consultant engineer from the Building Diagnosis, and

to recommend demolition of the building.

Background

Councillors will recall the previous reports detailing structural problems in the Boot Factory

building and arrangements to relocate the community group occupants based on safety

concerns dating back to early 2008.

In 2008, Council was advised of major structural issues with the building and approval was

given to close the building, relocate the community tenants into alternate Council

accommodation, and temporary make safe works were undertaken. The relocation and

make safe works undertaken have cost over $220,000 to date.

The make safe works provided a short term solution only and after ‘mothballing’ in 2010,

ongoing annual inspections with make safe works are necessary primarily from a safety

aspect for public areas around the building.

Current condition and deterioration

In late 2012, a further inspection was carried by the Building Diagnosis Centre with the

following observations made:

1. The outward bowing of the front facade masonry wall has increased at the first and

second floor junctions.

2. Cement render dislodgement is occurring and is falling to the ground as a result.

3. Cracking has increased to the internal face of the second floor level wall above and

below windows.

4. The steel tie rods installed in March 2010 connecting both the front and rear walling

have become extremely loose and possibly detached due to tension stresses caused

by the bowing outward wall movements. (3 on the 1st floor and 4 on the 2nd floor and 1

behind stairwell door have moved 100mm.)

5. Water penetrating through the non-waterproofed external perimeter masonry brick wall

has increased.

6. A strong musty moist odour lingers throughout the interior. This damp condition is a

concern as termite activity will increase.

REPORT TO COUNCIL

Comment

The Boot Factory building continues to deteriorate. Council will recall options to carry out

major upgrade works were essentially ruled out because:

• The high cost of the works,
• The fact that they would simply result in a building that is still non compliant with the BCA and Australian Standards and therefore has little if any real value in terms of being able to be re-let as reasonable business or community accommodation, and
• There will be continuing deterioration requiring major works every 10 years.

Annual recurrent costs including engineering consultancy fees, pest and termite protection,

perimeter mesh fence hire and security patrols of around $25,000 continue which does not

account for any further make safe works required.

If we continue along the present course, the building will continue in a theoretically

“mothballed” but unsafe state suffering further deterioration with demolition being inevitable

in any scenario as the building is completely beyond repair. Although BSP is going through

the process of seeking quotes to address the issues outlined in point 4 above, it is clear that

further expenditure on make safe works cannot be justified when it is known that any and all

options for “restoration” of the building or re-creation of some of its heritage aspects would

necessarily involve demolition.

On 8th April 2013, in the light of the Swanson St wall collapse in Melbourne and the death of

three people, further contact was made with Council’s consultant. He has responded as

follows:

“In summary, the Boot Factory building is in structurally unsafe condition as the brick walls

have continued to settle and rotate outwards and inwards, including increased cracking

since installing temporary wall supports in recent years. Our $1,000,000 + estimate to repair

the building, is not a rebuild nor modernisation, nor to make compliance with NCC 2013

BCAv1. Sydney’s unprecedented rains and winds would continue to have a detrimental

effect on the shell structure including continue to allow water to penetrate the structural

timber floor beams including the already unsatisfactory foundations. As it is not economically

viable, and includes more structural bracing as time progresses, demolishing the Boot

Factory building now will provide a safer adjacent community.”

The Boot Factory is again due for a structural re-assessment by the consultant. In that

process we will raise the question of whether the safety fencing perimeter needs to be

extended given the prospect of a worst case scenario building collapse. This may result in

the closure of the entire courtyard and installation of a hoarding along the Mill Hill colonnade

access. If it proves necessary, immediate action will be taken to provide acceptable levels of

public safety.

While it is a regrettable step the only viable option is to proceed to immediate demolition of

the building. A photographic study of the building will be carried out for historical purposes

with appropriate advice from Council’s heritage officer. If required, some materials or

features from the building can be dismantled and stored for future inclusion in any new

development on the site. All necessary approvals will be sought through a DA process.

REPORT TO COUNCIL

Heritage conservation and community involvement

The Boot Factory is listed as a heritage item in the Waverley LEP. The statement of

significance for the building reads:

Former industrial building restored by Council and now leased. Operated as a footwear

manufacturer between 1892 and 1969. Acquired by Council in 1984 and restored at that

time. A long-lived industrial building and the sole remnant of 19th century industrial

architecture in this area.

In accordance with advice provided by the Director of Council’s Department of Planning &

Environment, any proposal to demolish the building will need to be accompanied by an

independent heritage and conservation report indicating the relative heritage values and how

its significance can be recognised in other ways if demolition is to be approved given it is

listed in the LEP.

The proposed development application for demolition will meet these requirements.

In addition, Council’s Communications Unit has been working with BSP to develop

appropriate communications and community interaction on this matter.

Conclusion

In the interests of public safety, Council cannot afford to delay a decision any longer and

approval to commence urgent demolition needs to be resolved.

Analysis

Financial: Demolition costs of $200,000 are estimated.

Delivery Plan: Accords with Direction G7 – Council maintains sound safety and risk

management practices to protect the community and our employees.

Consultation: A communications and community involvement plan has been developed to

engage people in working with Council to preserve and curate heritage aspects of the

building.

Timeframe: Steps to undertake demolition will proceed following Council approval.

Recommendation: That Council approves commencement of the process for urgent

demolition of the Boot Factory building at 27-29 Spring Street, Bondi Junction.

Bronwyn Kelly

Director, Corporate & Technical Services

Authors: Steve Gillett, Fiona Chan and Greg Worner