Council used its delegation under Section 25 of the Heritage Act 1977 to make an Interim Heritage Order over the site. The IHO was gazetted on Friday 13 August 2021 and lapsed on Monday 14 February 2022. The IHO allowed further heritage assessments to be undertaken to inform an understanding of the cultural significance of the site and whether Council should proceed with an application for heritage listing.

Council resolved to prepare a Planning Proposal to list 80 Boronia Parade, Lugarno, also known as 'Glenlee' as a heritage item in Schedule 5 Environmental Heritage of the Georges River Local Environmental Plan 2021.
 
Council also resolved to provide all assistance necessary to achieve listing the site on the State Heritage Register.

The Minister for the Environment and Heritage under Section 24 of the Heritage Act 1977 made an Interim Heritage Order (IHO) over the property at ‘Glenlee’, 80 Boronia Parade, Lugarno.
 
The IHO was gazetted. The IHO takes effect from the date of gazettal and remains in force for a period of 12 months unless otherwise revoked.
 
The Minister decided to make a local IHO over Glenlee as it has potential local and State heritage values and was at imminent risk when the previous local IHO expired on Monday 14 February 2022.

The Heritage Council of NSW resolved to give notice of its intention to consider listing Glenlee on the State Heritage Register in acknowledgement of its heritage significance to the people of New South Wales.

Council lodged a submission in support of listing Glenlee on the State Heritage Register.

Council considered a Notice of Motion (NM066-22) on the Acquisition of Glenlee. A copy of the Notice of Motion and minutes can be viewed below:

• Agenda of Extraordinary Council Meeting - Tuesday, 2 August 2022

• Minutes of Extraordinary Council Meeting - Tuesday, 2 August 2022

The Heritage Council of NSW considered the nomination and resolved not to recommend the listing of Glenlee on the State Heritage Register (SHR) to the Minister for Environment and Heritage. The SHR Committee’s full resolution 1 to 4 is as follows:

1. In accordance with Section 33(1)(d) of the Heritage Act 1977, has considered the submissions received in response to its Notice of Intention to Consider Listing the item known as Glenlee at 80 Boronia Parade, Lugarno.

2. Reaffirms its position that the item known as Glenlee at 80 Boronia Parade, Lugarno, is likely to be of State heritage significance; however, considers that further assessment of the natural and Aboriginal cultural heritage values of the site and a potential amended curtilage and site-specific exemptions are required.

3. Decides not to recommend the listing at this time, with the intention of reconsidering the nomination at a later date.

4. In accordance with Section 33(1)(e) of the Heritage Act 1977, give notice of its decision to persons notified under section 33(1)(a).

Heritage NSW advised that they will continue to work with Council and the owner in this regard.

Further details on the State Heritage nomination can be viewed on the Heritage NSW website.

Council considered an update report (CCL086-22) on Glenlee, where it was resolved:
“That Council requests Mr James Griffin MP, Minister for Environment and Heritage, to consider an extension of the current Interim Heritage Order for a further 12 months.”

A copy of the report and minutes can be viewed below:

• Agenda of Council Meeting - Monday, 26 September 2022

• Minutes of Council Meeting - Monday, 26 September 2022

Council wrote to the Minister for Environment and Heritage requesting that the current IHO be extended by a further 12 months in order for officers of Council and the Department to work together with the owners of Glenlee to ensure that the assessment of the natural and Aboriginal cultural heritage values of the site and a potential amended curtilage and site-specific exemptions are undertaken.

The Minister for Environment and Heritage replied that a further IHO will not be made at this stage.

Council considered a Notice of Motion (NM099-22) on Glenlee, where it was resolved:

(a) That Council notes the advice provided by the Hon. Tanya Plibersek, MP, Minister for Environment and Water in her letter dated 23rd September 2022 to the Hon. Linda Burney MP, Minister for Indigenous Australians, to the effect that funding for the purchase of Glenlee is not currently available as the property is not on the National Heritage List.

(b) That Council investigates the possibility of making an application for Glenlee to be placed on the National Heritage List by the Australian Heritage Council.

(c) That Council investigates what safeguards may be available to protect the Indigenous heritage of Glenlee under Commonwealth legislation, i.e., the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (ATSIHP Act); the Environment Protection and Biodiversity Conservation (EPBC) Act 1999; and the Protection of Movable Cultural Heritage (PMCH) Act 1996; and

(d) That the General Manager refer the matter of the site’s Aboriginal cultural heritage values and the possibility of Aboriginal objects held within the house to Council’s Aboriginal Reference Group or a Bidjigal Elder.

(e) That Council continues to urgently seek funding towards the purchase, restoration, embellishment and future maintenance of Glenlee from the relevant state and federal ministers and members.

(f) That the General Manager investigates whether or not access to Glenlee, 80 Boronia Parade, Lugarno by Council officers and Council-appointed consultants, to carry out inspections for natural history and Aboriginal relics, can be authorised by the Minister for Environment and Heritage under Section 148 of the Heritage Act, 1977; and 

(g) That, if the Minister for Environment and Planning authorises Council Officers and Council appointed consultants to carry out inspections of Glenlee, Council requests Mr James Griffin MP, Minister for Environment and Heritage, to urgently consider a new Interim Heritage Order for a period of 12 months, to allow for the inspection of the property to be undertaken, for the purposes of a complete assessment of its Aboriginal cultural and natural heritage values.

A copy of the Notice of Motion and minutes can be viewed below:

• Agenda of Council Meeting - Monday, 19 December 2022

• Minutes of Council Meeting - Monday, 19 December 2022

Council wrote to the Minister for Environment and Heritage in relation to items (f) and (g) above. In this letter, Council formally requested:

1. The Minister’s authorisation under Section 148 of the Heritage Act 1977 for access to the property for the purposes of carrying out inspections for Aboriginal and natural heritage assessment; and

2. That a new Interim Heritage Order be placed over the property.

Council received a letter from the Minister for Environment and Heritage advising that the Heritage Act 1977 does not permit the Minister to extend an IHO beyond its duration of 12 months.

The Minister noted that Glenlee has been listed as a local heritage item in the Georges River LEP 2021 and there is currently no proposal before Council that would threaten the heritage significance of the site. Accordingly, it is appropriate that Heritage NSW and Council continue to seek the owner’s consent to access the property.

The Minister also advised that Heritage NSW contacted the owners on Monday 30 January 2023 seeking permission to access Glenlee. Heritage NSW will continue to engage with the owners regarding potential State Heritage Register listing and provide updates to the Heritage Council as part of its process.

Glenlee’s inclusion as a local heritage item in Council’s LEP affords protection by Council of the site’s heritage values while a potential SHR listing is explored.

Council considered a Notice of Motion (NM010-23) on Glenlee, where it was resolved:
 
(a) That Council is to note the advice of the Minister for Environment and Heritage to Council dated 7th February 2023 which:

(i) fails to acknowledge the Minister’s right to grant access to “Glenlee” for the purposes of carrying out inspections for Aboriginal and natural heritage assessment; and

(ii) declines Council’s request to grant a new Interim Heritage Order.
 
(b) That Council endorse that following the NSW Government election on 25 March 2023, that the General Manager requests a meeting with the new Minister for Environment and Heritage in order to conduct further discussions concerning the future of this significant property, including:

(i) authorising access for the purpose of conducting the necessary Aboriginal and natural heritage assessments,

(ii) the subsequent granting of a new Interim Heritage Order, and

(iii) the provision of funds towards the acquisition of the property.”
 
(c) That the General Manager provide a further report to Council on the recommendations made in the Heritage Assessment report dated 11th April 2022 compiled by GML Heritage consultants. These being:

(i) “A comprehensive conservation management plan be commissioned to provide guidance for appropriate future use and conservation of the heritage values of the site”;

(ii) “The Inventory Sheet at Appendix ‘B’ be added to the State Heritage Inventory Database, once the site has been listed as a heritage item”;

(iii) “Further consultation be undertaken with the local Aboriginal community to better understand local social and intangible connections”; and

(iv) “The Aboriginal objects held within the house be inspected (these were not sighted by GML or the MLALC), confirmed to be Aboriginal objects (or otherwise), and an attempt at understanding provenance be made”.
 
(d) That the General Manager:

(i) forward a copy of the letter from the Metropolitan Local Aboriginal Land Council (MLALC) to Georges River Council dated 26th July, 2021 to the Hon. Tanya Plibersek, MP, Minister for Environment and Water and the Hon. Linda Burney MP, Minister for Indigenous Australians so that both ministers are fully informed as to the extremely high level of significance of the Aboriginal objects and places located at “Glenlee”; and

(ii) request that both Commonwealth ministers be asked to consider the contents of that letter in their deliberations made subsequent to Council resolution NM099-22 made on 19th December, 2022.

Letters addressing item (d) were sent on Thursday 9 March 2023.

Council considered a Notice of Motion (NM018-23) on Glenlee, where it was resolved:

“That, with reference to the letter dated 16th March 2023, from One Commercial, that Council seeks urgent funding commitments for the acquisition of “Glenlee” from: 

(a) The NSW Premier, the NSW Minister for Environment and Heritage, and the NSW Minister for Planning and Minister for Homes, and

(b) The Prime Minister, the Minister for the Environment and Water, and the Minister for Indigenous Australians.

Letters to the Premier, Ministers and Prime Minister were sent on Thursday 13 April 2023.

Council had a Question with Notice (QWN016-23) on Glenlee that the General Manager provide an update (including all actions taken by Council officers and any responses provided by the nominated politicians or their staff) on the following resolutions: 

1. NM010-23 (b) dated 27 February 2023, namely: 

“(b) That Council endorse that, following the NSW Government election on 25 March 2023, the Acting General Manager requests a meeting with the new Minister for Environment and Heritage in order to conduct further discussions concerning the future of this significant property, including: 

(i) authorising access for the purpose of conducting the necessary Aboriginal and natural heritage assessments, 

(ii) the subsequent granting of a new Interim Heritage Order, and 

(iii) the provision of funds towards the acquisition of the property.” and 

2. NM018-23, “Glenlee”, dated 27 March 2023, namely: “That, with reference to the letter dated 16th March 2023, from One Commercial, that Council seeks urgent funding commitments for the acquisition of “Glenlee” from: 

a) The NSW Premier, the NSW Minister for Environment and Heritage, and the NSW Minister for Planning and Public Spaces, and
 
b) The Prime Minister, the Minister for the Environment and Water, and the Minister for Indigenous Australians.”

Letters have been sent to all Federal and State Government Ministers as requested as well as both the Prime Minister of Australia and Premier of NSW. At the time of compiling the officer’s response to the Question with Notice, only one response had been received that being a response from the Federal Minister for Indigenous Australians. 

The Minister’s response referred to previous representations she had made to the Federal Minister for the Environment and Water, the Hon Tanya Plibersek MP, in July 2022 relating to the future of Glenlee. The Minister also suggested that Council may wish to contact the State Minister for Environment and Heritage as this was a State Government matter. The contact to the Minister for Environment and Heritage has already taken place and as previously stated, no response has been received to date.

Council had a Question with Notice (QWN019-23) on Glenlee, that the General Manager provide an update (including all actions taken by Council officers and any responses provided by the nominated politicians or their staff) on the following resolutions: 

1. NM010-23 (b) dated 27 February 2023, namely: 

(b) That Council endorse that, following the NSW Government election on 25 March 2023, the Acting General Manager requests a meeting with the new Minister for Environment and Heritage in order to conduct further discussions concerning the future of this significant property, including: 

(i) authorising access for the purpose of conducting the necessary Aboriginal and natural heritage assessments, 

(ii) the subsequent granting of a new Interim Heritage Order, and (iii) the provision of funds towards the acquisition of the property.”; and 

2. NM018-23, “Glenlee”, dated 27 March 2023, namely: That, with reference to the letter dated 16th March 2023, from One Commercial, that Council seeks urgent funding commitments for the acquisition of “Glenlee” from: 

(a) The NSW Premier, the NSW Minister for Environment and Heritage, and the NSW Minister for Planning and Public Spaces, and 

(b) The Prime Minister, the Minister for the Environment and Water, and the Minister for Indigenous Australians.

In response to the question with notice on section (b) NM010-23, dated 27 February 2023. 

• Letter dated 18 April 2023 sent to the Hon Penny Sharpe, MLC, Minister for the Environment, Minister for Heritage requesting a meeting. A response has not been received to date.

In response to the question with notice on sections (a) and (b) of NM018-23, dated 27 March 2023. 

• All relevant letters were prepared and emailed on 13 April 2023.

• Responses received to date are from the Hon Linda Burney MP and the NSW Premier’s Office.

1. Representatives of the Hon Linda Burney MP, responded on 13 April 2022, with the original representation made by the Hon Linda Burney MP to the Minister for the Environment and Water, the Hon Tanya Plibersek MP in July 2022 re the future of Glenlee.

2. The Premier’s Office, responded on 12 May 2023, outlining the letter had been referred to the areas of primary responsibility being the Minister for Climate Change, Minister for Energy, Minister for the Environment, and Minister for Heritage.

Council considered a Notice of Motion (NM031-23) on Glenlee, where it was resolved:

That the General Manager:
(a) Writes to the Hon Penny Sharpe, Minister for Climate Change, Minister for Energy, Minister for the Environment and Minister for Heritage, to seek the following:

i. authorising access for the purpose of conducting necessary Aboriginal and natural heritage assessments; 
ii. the provision of funds to cover those Aboriginal and natural heritage assessments;
iii. the granting of a new Interim Heritage Order, and 
iv. the provision of funds towards the acquisition of the property and

(b)  Writes to the Hon. Linda Burney MP, Minister for Indigenous Australians and the Hon. Tanya Plibersek MP, Minister for the Environment and Water, to seek the following:

i. consideration of the property for its inclusion on the National Heritage List; and
ii. the provision of funds towards the acquisition of the property.

Letters were sent Tuesday 4 July 2023.

A response from the World and National Heritage Branch on behalf of the Hon. Tanya Plibersek MP, was received on 14 July 2023 advising that the Australian Heritage Grants program supports places on the National Heritage List but does not provide for property acquisition. As Glenlee is not included on the National Heritage List, it is not eligible for Australian Government heritage grant funding.

Council considered a Notice of Motion (NM041-23) on Glenlee, where it was resolved:
 
That the General Manager:

1. Acknowledges the correspondence received from the Hon. Penny Sharpe, MLC, Minister for Climate Change, Minister for Energy, Minister for the Environment and Minister for Heritage dated 20^th July, 2023.

2. Investigates and seeks advice on Glenlee’s eligibility as a "Community Acquisition Proposal" to be incorporated into the NSW National Parks system.

3. Writes to the Hon. Penny Sharpe, MLC, to request that she authorises access to Glenlee under the Heritage Act, 1977, by Council officers and/or its appointed consultants for the purposes of carrying out any inspections deemed necessary to assess the site for Aboriginal and natural heritage.

4. Prepares a briefing note which provides options for possible future uses of Glenlee, prior to meeting with the Minister.

5. Further, consult with Friends of Glenlee, Oatley Flora and Fauna Conservation Society and local bush care and relevant community groups when developing the briefing note.

The response received from the Hon. Penny Sharpe, MLC, Minister for Climate Change, Minister for Energy, Minister for the Environment and Minister for Heritage dated 19 July, 2023 can be viewed below.

• Letter from Hon Penny Sharpe MLC regarding Glenlee.

Council considered a Notice of Motion (NM080-23) on ‘Glenlee and Request a meeting with the Minister for Environment and Heritage’, where it was resolved:

That the General Manager writes to the Hon. Penny Sharpe MLC, Minister for Climate Change, Minister for Energy, Minister for the Environment and Minister for Heritage to seek a meeting to discuss:

(a) the Minister’s undertaking provided on 16 August 2023, for the NSW Government to explore progressing the heritage assessment and protection of the site; and

(b) Council’s letter to the Minister dated 13 September 2023, which requested NSW Government funding for the preparation of a business case for the purchase of Glenlee. 

Council received an email from Heritage NSW advising that on 4 December 2023 the Heritage Council of NSW resolved not to recommend listing Glenlee on the State Heritage Register (SHR) to the Minister for Heritage.

The resolution was made by the Heritage Council's SHR Committee after consideration of a report prepared by Heritage NSW, which included submissions received from affected parties and members of the public. 

The State Heritage Register Committee resolved:

1. In accordance with section 33(1)(d) of the Heritage Act 1977 (the Act), has considered the submissions received in response to its notice of intention to consider listing the item known as Glenlee at 80 Boronia Parade, Lugarno.

2. Notes that the site is protected under the Georges River Local Environmental Plan 2021.

3. Decided not to recommend the listing as insufficient information is available to determine the State heritage significance. 

4. In accordance with section 33(1)(e) of the Act, will give notice of its decision to persons notified under section 33(1)(a).