Wrought Artworks Rebuttal of Robert Domm’s Statements

Rebuttal to Roberts Domm’s statements by the Directors of Wrought Artworks
14.08.08


“The private business in question is currently operating at the ATP
without paying any rent and without having any legal lease”.

  • The
    business was set up as a company at the request of Government as they
    wanted to deal with an incorporated body
  • It
    does not pay rent or have a lease because the Govt did not countersign
    lease publicly signed by Wrought Artworks.The attached photographic
    evidence was in 1996 with the CEO of the ATP-Tom Forgan and a Minister,
    and other ATP staff and tenants.
  • Wrought Artworks Signing Lease
  • The
    pre-existing lease and the unsigned lease included pepper corn rentals in
    recognition of the conservation work being done by the business  
  • Wrought
    Artworks does not pay rent or have a formal lease because the ATP did not
    countersign the License Agreement signed by Wrought Artworks. This was
    probably because the previous management of the ATP feared that Wrought
    Artworks might vacate Bays 1 & 2 at the end of the term of the license.
    The previous management preferred the license to be open ended and that
    may be why no formal license agreement was countersigned.
  • The
    lease with the State Rail Authority provided for a peppercorn rent. The
    license proposed by the ATP may not have required any rent at all (a copy
    of the document signed by Wrought Artworks has been requested from the ATP
    and has not been produced).
  • The
    actual agreement with Wrought Artworks has never been denied by the ATP.
    The agreement was that if Wrought Artworks: 
    • ran
      the forge as a proper working business;
    • maintained
      heritage equipment
    • then
      Wrought Artworks could remain in Bays 1 & 2 for as long as it wished,
      free from any rent.  

“This is obviously not a tenable situation in the long run and the ATP
has tried on a number of occasions to resolve this issue”.

  • The
    Development Approval for the establishment of the Technology Park
    required the arrangement as an ongoing heritage measure
  • There
    have been no attempts by the ATP to change the arrangement or negotiate
    any change
  • The
    Government / ATP have not met their commitments to fund and maintain
    heritage on the site which was to compliment the businesses
    activities  
  • It
    is open to question what the ATP means when it says the situation is
    “untenable”.
  • The
    arrangement has continued for 14 years so one is left wondering why the
    arrangement can no longer continue.
  • Around
    1997 Wrought Artworks signed a license agreement which the ATP preferred
    not to proceed with.
  • In
    2000 Wrought Artworks wrote to the ATP setting out its understanding of
    the arrangement. The ATP never rejected what Wrought Artworks said at the
    time.
  • The
    only explanation as to why the situation has become untenable is because
    the ATP has other plans for Bays 1 & 2.

“The private business asserts that it has a right to remain at the ATP
in perpetuity on a rent-free basis and refuses to accept that the landowner has
effective rights over its own property”
 

  • The
    existence of Blacksmith was written into the Development Approval for the Technology Park
  • The
    landowner has an obligation to operate in accordance with the development
    consent
  • The
    landowner is part of the Government which made undertakings about the
    preservation of the Blacksmith shop and the heritage equipment on the
    site  
  • Wrought
    Artworks has never denied the rights of ATP. It is the ATP which is
    denying the rights of Wrought Artworks.
  • The
    arrangement which ATP made with Wrought Artworks should be understood in
    the context of the following matters: 
  • By
    using Wrought Artworks to carry on the forge, the ATP satisfied expensive
    and onerous conservation requirements that had been imposed by the
    Minister in the conditions of the development approval of the ATP.
  • At
    the time that the development approval was given, the ATP could not find
    any person willing to conduct the black smithing forge and the officers of
    the ATP were delighted that Guido Gouverneur & Wendie McCaffley were
    prepared to take on the onerous obligations.
  • The
    ATP recognised that substantial costs would be incurred by Wrought
    Artworks in carrying out the repair and maintenance of heritage items. The
    ATP also accepted that Wrought Artworks suffers operational difficulties
    conducting a 19th century blacksmith forge in a 21st century technology
    park.
  • It
    was for these reasons that the ATP made it clear that it was not
    interested in receiving rental from Bays 1 & 2 and the ATP did not
    consider Bays 1 & 2 as being commercially significant. The
    significance of Bays 1 & 2 was for conservation and heritage.

Attempts by the ATP to resolve these issues have not been successful.

  • There
    have been no approaches by the ATP to resolve these issues. Only a notice
    to quit which itself places any future discussions under duress  
  • The
    attempts by the ATP to resolve “the issues” may have been
    unsuccessful because as far as Wrought Artworks is aware, no dispute ever
    previously existed between Wrought Artworks and the ATP about the terms of
    Wrought Artworks’ occupation of Bays 1 & 2.
  • Previous
    managers of the ATP have accepted the existing arrangement by which Wrought
    Artworks occupies Bays 1 & 2. 
  • If,
    as the ATP is now suggesting, the issues are about the payment of a
    commercial rental – why did not officers of the ATP approach Wrought
    Artworks before serving the Notice to Quit ?
  • At
    no point in time during the period the ATP has been under the control of
    the Redfern Waterloo Authority has any officer of the ATP approached any
    person from Wrought Artworks about Wrought Artworks paying commercial rent
    or signing a commercial license agreement. 
  • When
    Guido Gouverneur and Wendie McCaffley arranged to meet with Robert Domm of
    the Redfern Waterloo Authority in July (after the Notice to Quit had been
    served) Robert Domm never mentioned the possibility that a license was on
    offer. 
  • The
    first time that the ATP has stated that it is willing to offer a lease to
    Wrought Artworks (on unknown terms) was only last week when that offer was
    made by the media.
  • The
    suggestion that the serving of a Notice to Quit means that future
    negotiations are conducted under duress is not really appropriate. The
    service of the Notice to Quit has terminated Guido Gouverneur’s and Wendie
    McCaffley’s right of occupation at law. It is possible for negotiations to
    be made with the ATP where the Notice to Quit is withdrawn. We understood,
    however, that the Notice to Quit constitutes the termination of rights of
    occupation. Thus, Wrought Artworks can bring an action against the ATP for
    damages or for injunctive relief but serving any occupant with a Notice to
    Quit is an extreme act on the part of the landlord that terminates an
    occupancy. 

“The ATP needs to resolve these issues and has accordingly instructed
its solicitors to commence legal action so that they may be appropriately
resolved.

  • There
    is a clear need to resolve the situation as the ATP is seeking to unwind
    aspects of the development consent and the Governments undertakings for
    the site  
  • If
    the ATP was acting bona fide why did not its officers attempt to negotiate
    a commercial arrangement with Wrought Artworks prior to serving the Notice
    to Quit. 
  • A
    solution has to address both the Government and the Blacksmiths heritage
    obligations for the site into the future

“This commercial issue is being misrepresented as a heritage issue”

  • The
    Government undertakings for the site including the operation of the
    heritage equipment, peppercorn rents etc were entered into as part of the
    heritage preservation strategy for the site not as a commercial
    enterprise. This is very definitely a heritage issue being misrepresented
    as a commercial issue.

“Should the current business be required to vacate, the ATP will keep
the heritage equipment in place and establish an alternative blacksmithing
operation sympathetic to the history of the site”.
(The ALP Meredith
Burgman Petition is in line with this undertaking)

  • The
    current business has already been required by the ATP to vacate without
    any offer of a lease
  • Given
    the way the ATP has handled this how any new party could come into the
    Blacksmith Shop with any long term security to build another business. Does
    this mean it will then cease to operate as required by the original
    development consent. An alternative operator is an irresponsible outcome.
    many of the machine parts to make the equipment operational belong to
    Wrought Artworks. Removal of these ‘grafted’ parts and the electrical
    supply will render the workshop in-operable as it was 17 years ago.
  • None
    of this was stated when the Notice to Quit was issued and has only come
    out after the campaign to save the site started
  • It
    is encouraging that the ATP has now committed to keeping the heritage
    equipment in place rather than removing it as has been allowed previously
    by ATP management. The Henry Berry Wheel shop crane that sits rusting
    outdoors for 15 years at the ATP as an example of this heritage vandalism.
  • Irrespective
    of who operates the blacksmith Shop there has to be an agreement for how
    the equipment will be maintained and what is expected of the ATP and
    operator to ensure the governments heritage undertakings in setting up the
    technology park are preserved.  
  • It
    must be understood that the ATP has been in egregious breach of the
    conditions imposed upon the ATP under the current development approval.
    Examples of these breaches are as follows: 
    • The
      development conditions require that the ATP satisfy the Godden Makay
      Eveleigh Management Plan for moveable items.
    • In
      2000 a campaign was conducted by Wrought Artworks (with other
      stakeholders) to bring to the attention of the government that the ATP
      had not carried out its responsibilities under this plan. It was around
      this time that City West was replaced by SHFA.Many heritage items
      referred to in the Eveleigh Management Plan have been removed from the
      site and dumped.
    • A
      business plan for the blacksmith forge has never been undertaken (as
      required by the development conditions).
    • The
      Godden Makay report recommended that heritage equipment in the forge that
      had run on steam should be converted to air pressure. This has never been
      done.
    • A
      grant of $300,000 made by the Minister for heritage conservation has been
      allegedly diverted for other purposes (the ATP has never given a proper
      accounting as to how this money has been used).
    • A
      person was to be employed by the ATP for the purposes of managing
      conservation items. The person was employed and their position has been
      terminated.
  • In
    light of the foregoing, no stakeholder with a responsibility for
    conservation & heritage in NSW, is prepared to trust the ATP to carry
    out its heritage obligations. Commitments made by the ATP that they will
    operate the forge as a going concern (should Wrought Artworks vacate) have
    to be viewed in the context of the failure of the ATP to meet these
    heritage obligations in the past.
  • If
    the ATP is not able to secure another blacksmith operation to occupy Bays
    1 & 2 for commercial rent (and there does not appear to have been any
    attempt by the ATP to find out if such a blacksmith exists) then what is
    the point of getting rid of Wrought Artworks who have been in the premises
    for over 18 years. How will the ATP satisfy its commitment. Are Robert
    Domm and Frank Sartor suggesting that they will come down, put on their
    blacksmithing outfits and carry on the forge ?
  • If
    the ATP is genuinely committed to preserving the blacksmithing forge, why
    did they not approach Wrought Artworks if the question was about the
    payment of a commercial rent – why is the ATP not prepared to look at
    negotiating the terms of the commercial rent (such as a phase in over
    time).
  • It
    should be understood, that if the blacksmith forge remains vacant – it
    will be possible for the ATP to apply to the Minister (Frank Sartor) to
    change the existing conditions on the development approval. The Minister
    under the Redfern Waterloo Authority legislation, only has to consult with
    the Heritage Commission. The Minister is not bound by the existing
    conditions and can overturn them. This will mean that Bays 1 & 2 could
    be converted into office space.
  • There
    is also the suggestion that the ATP may wish to use the forge as some sort
    of heritage exhibition so that school children (and others) can see a
    blacksmith at work.
  • The
    recommendations of Godden Makay specifically stated that the forge was to
    be a proper working forge. This was the commitment that had been made to
    the former workers of the Eveleigh railway yards. The blacksmithing skills
    were to be maintained. Wrought Artworks has undertaken this obligation by
    employing 3 apprentices. Godden Makay made it clear that the best way of
    ensuring that the equipment remained operational was for a serious working
    forge to be conducted from Bays 1 & 2. If Bays 1 & 2 are to be
    turned into a historical exhibit (and not be a working forge) then the
    equipment will deteriorate.
  • Godden
    Makay were so strong in their views on this point, that they actually
    recommended in the Management Plan for the conservation of heritage items
    that Guido Gouverneur/Wendie McCaffley be allowed to continue conducting
    the forge. They were named in the report.

Source: Wrought Artworks