Dispute Over Heritage Footpath in Millthorpe: Legal Action Looms

In a significant dispute emerging from the heart of Millthorpe, New South Wales, retired investment banker Ian Gillings has taken a stand against the Blayney Shire Council regarding the renovation plans for a dilapidated footpath adjacent to his business, the Grand Western Lodge. This disagreement, which has already incurred costs exceeding $60,000 for local taxpayers, underscores the complexities of maintaining heritage-listed properties while addressing community infrastructure needs.

The Grand Western Lodge, a historic building established in 1901, has undergone substantial renovations since Gillings acquired it during the COVID-19 pandemic. His intention to transform the lodge into accommodation for miners has been marred by concerns regarding the state of a poorly maintained bitumen pavement footpath that runs along the property’s wrap-around balcony. Gillings describes the path as akin to a neglected country road, riddled with potholes and prone to water damage, raising safety concerns for visitors and patrons alike.

"The footpath is dangerous and in bad repair," Gillings stated to ABC Central West. This sentiment is echoed by both Gillings and the council, who acknowledge the urgent need for repairs; however, their visions for the construction material diverge sharply. The council's proposal involves replacing the existing footpath with asphalt as part of a broader Millthorpe Village Masterplan, which Gillings vehemently opposes. He argues that asphalt would exacerbate water damage to the heritage-listed building by allowing moisture to penetrate the cellar.

Gillings advocates for the use of bluestone pavers, a more porous and aesthetically suitable option that aligns with the heritage conservation area’s character. He has even offered to cover the additional costs—estimated at $80,000—and provide a 99-year guarantee for maintenance. Despite this, Mark Dicker, the General Manager of Blayney Shire Council, stated, "We need to have a fit-for-purpose product, not a Rolls Royce product, particularly when heritage advice doesn’t agree with it."

The council's plans have received backing from its heritage advisor and Heritage NSW, which confirmed that the proposed asphalt replacement is appropriate and would not alter conditions contributing to rising damp in the lodge. Conversely, a report commissioned by Gillings from Calare Civil suggests that bluestone pavers would be the best practice for mitigating moisture issues, promoting evaporation rather than directing water toward the building walls.

The ongoing stalemate has temporarily halted the council’s planned upgrades. Gillings initiated legal proceedings in the NSW Land and Environment Court earlier this year, but those actions have been paused as both parties engage in discussions. Gillings has expressed frustration at the situation, stating, "It is the most incomprehensible thing ever. I have no idea why they'd want to waste money in court rather than just say, 'Fine, we'll take your money.'"

According to Dicker, litigation could cost the council up to $150,000, a figure that remains budgeted should the dispute escalate. "No one wins going to court; that’s a last resort for us," he remarked, referring to the financial and administrative resources already expended, estimated at over $30,000.

This dispute occurs against a backdrop of the lodge's controversial history, having once been deemed a 'house of horrors' due to its past as a boarding house for discharged psychiatric patients. Despite this tainted reputation, Gillings has recognized the potential of the Grand Western Lodge, insisting he will pursue the matter to its conclusion. "I'll take it to its bitter end," he asserted. "The moment they give me notice that they're doing it [fixing the path with asphalt], they'll be in the Land and Environment Court."

As the Millthorpe community watches the developments closely, this case raises critical questions about the balance between heritage conservation and modern infrastructure needs, highlighting the complexities local councils face when navigating such contentious issues.