Clouds Gathering Over Don's Cabins
Last month, the NSW state government began lowering the curtain on a long-established and much-loved South Coast destination.
Don Hearns Cabins were built in the sixties by Don Hearn, a WWII veteran from Western Sydney who returned home a staunch pacifist, later moving south to establish the cabins and taking his politics with him.
Set among casuarinas on Cunjurong Point, a five-minute stroll to Green Island (or an excitable two-minute sprint), the cabins were, according to their website, “built out of second and third hand materials by rank amateurs between bongs and good waves.”
Don's backyard (Photo King Waka)
Through the Vietnam War, Don’s Cabins became a refuge for conscientious objectors and decades after Saigon fell they remained a haven for escapees of a different kind. As the world sped up, got complex, it was a place to kick back and unwind; hop off the hamster wheel for a while.
In 1991, Don passed away and handed stewardship to Lexie Meyer, who remained faithful to Don’s vision of simplicity among nature.
In 2002, however, the lease ran out on Don’s Cabins and the NSW Department of Planning and Environment refused to reissue a long term lease. Since then, Lexie has been operating Don’s Cabins on a month by month basis.
This arrangement discouraged capital investment - why sink money into a place whose future isn’t assured? Nevertheless, Lexie maintained upkeep of the cabins, as older clientele kept returning, and new generations discovered the cabins for themselves.
As the character of the South Coast slowly changed: fibro shacks razed and replaced by large footprint weekenders, the encroachment of AirBNBs, and even caravan parks going upmarket, Don’s maintained a sense of modesty and sensible pricing - prices still start at $50 a night - that allowed equitable access to an increasingly expensive slice of coast.
Clouds were gathering, so to speak, when in 2021 the NSW Department of Planning and Environment sent Lexie a letter notifying her of possible eviction. This was shortly after the South Coast was ravaged by bushfire and the department’s action seemed, at least partly, a response to that. The sudden motivation to terminate the lease appeared related to building standards and bushfire codes.
Then, late last month, the department sent another letter. Parts of it are reproduced below:
We now wish to advise that we are intending to issue you with a formal notice of termination on 15 January 2024 which will provide you with a further 3 months to vacate the Property, being before Mondav, 15 April 2024.
This decision to terminate the Lease is based on the following:
1. A building structural assessment has confirmed that the cabins at the Property range from poor to very poor condition and that substantial works would be required to address existing structural issues.
2. Redevelopment of the site to meet current NSW Rural Fire Service's 'Planning for Bushfire Protection' standards would be impossible because of the environmental site constraints and making significant improvements in bushfire protection to the existing cabins would be prohibitively expensive for any potential developer or operator.
3. Siting a tourism development in a small cleared area surrounded by bushland on 3 sides which is outside of the defendable boundary of the rest of the village exposes the occupants to an unacceptable risk.
Lexie is adamant that all three points can be refuted and/or remedied. The timing, however, is vexatious and reeks of opportunism. Seeking legal advice over Christmas is notoriously difficult.
Nevertheless, over sixty years Don’s Cabins generated much goodwill and regulars are now leaning on networks to help Lexie. The first point of order is to get an extension so the date doesn’t pass while offices are closed for Christmas and the New Year.
The news isn’t great, yet the curtain hasn’t fallen. The story of Don’s Cabins has more acts to come.
Stay tuned.
Comments
Shame to hear. I'm not affiliated with this group but perhaps someone in it might have expertise in the relevant area and be willing to offer some pro bono advice https://www.surfinglawyers.com.au/
Tangentially related, as fibro shacks slowly get replaced, are they at risk of going extinct? An iconic part of Australian cultural and architectural history, could we one day see the last remaining fibro shacks getting heritage protection?
Looks like a good resource. Thanks, dlk92.
Consider heritage listing, discussions with veterans (local RSL) most likely funding available. Lexi could consider if not already Not for Profit.
Look at Ian Potter Foundation, plenty of wealthy surfing tradies out there to assist? (And surf awesome waves)
Haven’t been there since 1980s. Had an interesting drive back through forest after meeting locals at the local club and having visions of vines entering the car
Hi! I've joined here to try to bring as many people over as I can to help us fight the good fight for Lex. We've set up a general page to bring awareness to the cause: https://www.facebook.com/profile.php?id=61555549233750 And for those who are really keen to Lend their skills and knowledge, we've set up a private action group: https://www.facebook.com/groups/1174723003505639 Once we've got some traction on both sites, I'll be looking to virtually meet those who are keen to rally. If all you can do is follow and share the community page, then thta helps too! :-)
Hey dlk92, I tried and tried getting in touch with these guys, but no luck. The NSW contact is Matt Warburton, but his email bounced back.
Hmm, I had conversations with Don many years ago about this issue whilst on a surf trip with WUSA. Notwithstanding that DPE should have first shown some decency and sat down with Lexi to discuss options (tho this may have occurred), legal title of the land should be first resolved, is it Crown Land under the Crown Lands Management Act, if so Crown Reserve or devolved to Council for care control and management, or is it part of the national parks reserve system under the National Parks Act. Preliminary investigations suggest that its not part of the NPks reserve system which brings into question DPE's power of eviction, unless the DPE has powers under the EP&A Act. .
The arguments put by DPE suggest other motives for the eviction notice given that if the same arguments were put to all owners of property lost in the fires not one rebuild could occur, yet the relevant planning authorities did not make those arguments and rebuilds did occur and continue to occur.
This forum would be a good avenue for developing the defence.
On a positive note, DPE were mad to include a "why" in their notice. It's a periodic tenancy. It's like they're inviting a challenge.
Playing devil's advocate, I think vexatious is a stretch. There's typically no requirement to give notice of pending notice. If they wanted to be painful they would have issued the 3m termination notice now.
That latest colour layout at Don's is exactly the same as my parents Leyland P76. Bottle green duco, off white leather interior. IN the scheme of the universe, Don's Cabins and the Leyland P76 occupy similar territory. I hold great memories of both.
Is there case for heritage listing? The national park cabins league may be able to provide some knowledge: https://rnpshacks.info/
For resi tenancies from memory the 90 day notice period doesn't apply for 20yr+ rolling tenancies and it needs a tribunal order, but there would be a thousand emails and documents over the years which could say anything, and it may not be resi anyway.
Wouldn't be any issue getting legal advice, but I imagine this fella doesn't have a tonne of cash lying around to spend on lawyers.
Now that's a crowd funding cause I could get behind!
Another ongoing Crown land dispute nearby- https://www.smh.com.au/national/nsw/margy-lost-her-island-home-in-the-bu...
Anyone know what stage this development is at? It was fenced off but seems they were removed recently- https://9now.nine.com.au/a-current-affair/manyana-nsw-south-coast-locals...
As I understand it, Shoalhaven Council is also happy for Lexie to be granted a long-term lease. The Dept. wants to 're-wild' it, but that doesn't mean bulldozing the lot and walking away. Maintenance is still required, maintenance that Lexie currently does, and the Council doesn't want the responsibility. Lex also maintains the firebreaks. As an ex-captain of the regional fire service, she know what she's doing.
"equitable access to an increasingly expensive slice of coast."
Absolutely. Myself and my family go there every year - it's the only place we can really afford to go. Many older, more cashed up surfers would baulk at the saggy mattresses and hot cabins and head to Air BnB aircon heaven (fair enough).
But there is nowhere like it. A quiet, gentle space that many artists, writers and musicians gravitate to regularly. When the surf is pumping and the lake is flowing, the kids are out there all day just popping back to stock up on food and rehydrate. A fire in the afternoon after the kids get the kindling with a beer and a chat. It's as close to paradise as the South Coast gets I reckon.
I'm gutted. Let's hope that stay of execution comes through, though I can imagine there are some developers salivating at the thought of eco-cabins being rented out for $1000 a night. Thanks for raising awareness Stu, great writing as always.
Hey @Wyre - please see my comment below. We'd love your passion and help. I 100% agree with all your comments re your time at the cabins. Thus why I'm board and trying to help Lex keep the place alive.
Here's a list of the various groups who have used it over the years:
- Groups of teenagers on remand or in detention
- Groups of young people with disabilities
- Kids at Risk programs
- Djiriba Waagura Indigenous young people’s camp
- Indigenous Elders’ camp – building towards an agreed map of country
- Defence and police force personnel after overseas deployments
- Illawarra NSW Fire and Rescue service – full shift groups
- Mental health workers, nurses, ambos and paramedics
- Over 40 groups of musicians including orchestras, chamber orchestras, music camps, Blue Mountains Jazz musicians and the NSW Police Pipes and Drums
- Farmers from out West.
I don't think AirBnB would work for them.
Thanks phnud, that list of past residents is a good sign of a strong community.
love ya work phnud
This is awesome! I'll hit up Lex for contacts to try to get some testimonials. Any more thoughts like this are heartily welcomed.
Hey, Ben Hearn here - one of Don Hearn’s grandsons. We’ve just caught up with Lex at the cabins and we’re all keen to help in any way we can, so reach out to us!
Hey Ben, what’s the best way to get in touch with you? I’m tried PMing who I think is you on Facebook but your account isn’t set up to accept them.
This is me: https://www.facebook.com/benjamin.hearn.9?mibextid=LQQJ4d
wow , what an epic place, should be more places/ accom like that
The key is to get to court to stop the notice being issued on the 15th Jan. Once that notice is issued, things get more difficult.
Thats correct cb , once the cause notice is served its almost a given .
It’s not broken so why do this ? I pray the good guy wins. I bloody love that place
It's heaven there.
X 2.
Only stayed a couple of times but it's a beautiful spot.
The Kangaroos are nice too and you can hand feed them.
Sad loss. Hope something can be done.
Fight like hell. Why don't the powers to be think a representation of our Australian life is worth keeping? I dare say all the office jocks are so well of they forgot what we loved . A simple cheap life free of class distinctions where kids made fun and mum and dad could afford to take them on holidays on the coast. Good Luck
Please Swellnet stay on the case here and keep us informed… if there’s a way to get behind Lexie and stop this it’d be nice to stay informed and help out.$$$$$$
Also keen to support however I can. Don Hearn's cabins is a special place, too important to loose
sign me up. anyone else with a platform should start storytelling too - a stroke of a shiny pen should never be allowed to cancel decades of meaningful, engaged tradition and inter-generational lived-experiences. not without some pretty frickin robust justification that passes the pub test.
Bureaucracy gone mad!
But don’t forget ,life wasn’t meant to be
Easy.
Then as a populace we voted in
Albanese!
Komodo, do you honesty think Scumo or Dudtton would give flying fuck about this? No need to use this to air some grievance against the ALP champ, let's all put our heads together to support Lexie's fight, I'm 100% down for a donation to a Go Fund Me if anyone wants to get one up.
Funny how a) it’s a state government issue b ) the decree was bought in a year before Albo became pm.
You sky news folks love a misinformed rant don’t ya? ( as if Dutton would give a rats, it’d be sold to the highest bidder if he could, capitalism and privatisation don’t ya know ? )
Yeah you're right Dog, State gov and it seem like the previous LNP gov got the ball rolling.....
Komodo, you draw a long bow if your suggesting the current Federal government has an interest in this. The parks and "planning dept." is as usual got their hairy backs up and think this is a good idea. Maybe the view has a lot to do with it. Let's fly into the future and suddenly we re designate this area of land and hey presto a holiday resort pops out of the ground. I visited that area 50 years ago, it was heaven, it was peaceful and when you saw someone else it was peace!I would urge anyone in that area to get behind Lexie in any way you can. Starting with all of the keyboard warriors on this site.
The government are a pack of.............
Yes but its sitting in a bush area of only about one square KM and that bush itself is surrounded on three sides by water. Any fire would have to burn through Manyana and Cunjurong point before reaching the cabins. If they widened the 100 meters of road to the boat ramp on the northwest side - the area would be completed isolated from surrounding bush. I'd guess also less vulnerable to ember attack as the vegetation to the south is growing over sand.
It's not as if it's the only place surrounded on three sides by bushland. When at capacity, there are about 36 people to evacuate who are a short sprint to safety. As opposed to Bendy camping ground which can accommodate WAY more people and it's further to the beach. Waves Campground at Crescent looks to be surrounded at all sides, according to Google maps. Depot Beach Campground, Pebbly Beach Campground, Pretty Beach, North Head Campground. Some have structures, some don't, but the risk is to people, right, not property? Or that should be intention of the code.
if it's dpie (now DPE) issuing the letter i don't see why Crown Lands would be involved but you can just check the zoning. a quick check of where the cabins are on google maps + using this tool here: https://www.planningportal.nsw.gov.au/spatialviewer/#/find-a-property/ad... indicates it might be zoned RE1, which is just public recreation. so my strong guess is that Crown Lands won't come into the picture at all. idk how government leases work bc it's not my area, but i agree with what was said above about trying to seek some pro bono legal advice.
in any case, if it happens that the cabins go, just keep an eye on what's proposed in future and put submissions in if it's shit. RE1 zoning is pretty restrictive (see the permitted with consent list below) so without a rezoning i don't think you'll see some mansion monstrosity plonked there.
permitted with consent in RE1: Agriculture; Aquaculture; Boat building and repair facilities; Boat sheds; Building identification signs; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Function centres; Heliports; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Respite day care centres; Roads; Sewerage systems; Water recreation structures; Water supply systems.
it's worth noting that anything not listed above is prohibited.
upon closer inspection (these are loafers) - it is absolutely Crown Land that is zoned RE1. apologies i missed the application of the Crown Land map to the specific address (I had the address slightly off, but still I should have been more careful). so yup, the CLMA will apply!
nobody wants to be responsible if we have repeat of the black summer fires
Maybe, just maybe, there is opportunity to hold on to this gem in a renewed style
dlk92 i'm fortunate enough to be able to preserve a genuine fibro shack...there are still some around and people are appreciating their heritage value
Stu could you put this story on Facebook so it's shareable on that platform? Could then share to lots of surfing groups and so on easily.
Hey Pete, go to Swellnet's FB page, second story down. Can share it from there.
If the notice is issued under section 85 of the Residential Tenancies Act, have a look at sections 85(4) and 94, notice may not be valid depending on all the facts
When I was young I had a mate his father owned a hol cabin the Batch at cunjurong pt we use to walk down to view the island walking past the cabins there was a huge flock of geese they use to chase you they were like guard dogs never stayed in the cabins there was always people there
Wow...how long before the land is redeveloped into a Air B&B...Such serene and beautiful surroundings need held onto...i'd def get behind a crowd fund to help get the cabins up to code.
Lex got an extension so that she has adequate time to make her case. Deadline for submissions is 15 March, then the Dept will take 2 weeks to assess them. If unsuccessful, notice will be served 29 March with her final day being 30 June.
So, a small win with plenty of work in January!
That something. Do you know if she has much help? I have some access to legal and heritage experts and might be able to persuade them to assist if needed.
She's spoken with lawyers but the earliest they can meet with her is mid-Jan, hence the application to extend the deadline to respond. Obviously, she's hoping for pro-bono, but we'll know more then. That said, it'd be good to not put all the eggs in the one basket. How can I get in touch with you, if necessary?
My email is [email protected] - can take it from there.
Thanks Ricko, I've just made a note of it so feel free to remove it from the post if necessary.
Hey Ricko! Can you drop me a mail to chat re your legal contacts? I'd be SO grateful! [email protected] (CB)
Even though they are the leading experts on all things relating to public land in Victoria the Public Land Consultancy has a good history of helping good causes and I'd not be surprised if their knowledge included NSW.
[email protected]
Checked in with them, thanks Seaweed. Unfortunately, they only service Victoria.
Awesome work phnud, so reassuring to see supportive and pragmatic folk like you involved.
The old fibro cottages at Currawong off Palm Beach (former union retreat) were deemed historically significant and saved, even though they have the same challenges as Don's in terms of methods of construction and bushfire risks.
Some sort of precedent here ?
https://www.northernbeaches.nsw.gov.au/things-to-do/currawong/history
Currawong Workers Holiday Camp (NSW Heritage Act - SHR01784)
Do you know anyone who was involved? Would love to chat to them and get some inspo.
Keep up the good fight Lexie. I loved going there, my favourite wave in NSW. I use to go down in the 80s during uni holidays and help Don maintain the cabins. He was a champion. He would take us ferreting and was such a great guy. Took my kids there early 2000s. What a great place.
Hi! I've joined here to try to bring as many people over as I can to help us fight the good fight for Lex. We've set up a general page to bring awareness to the cause: https://www.facebook.com/profile.php?id=61555549233750 And for those who are really keen to Lend their skills and knowledge, we've set up a private action group: https://www.facebook.com/groups/1174723003505639 Once we've got some traction on both sites, I'll be looking to virtually meet those who are keen to rally. If all you can do is follow and share the community page, then thta helps too! :-)
Nice one! I tried to access the private action group, I think you may need to change some settings as it tells me the 'content isn't available'.
Someone else said that. Thanks for letting me know. Madly trying to work out what I've done wrong with the group settings. Stand by. (CB)
Hey @Wyre - try this: https://fb.me/g/p_gkQAQZ3a5Tb7iLpt/NuHIhDXu
The action group link was corrupted so try this: https://fb.me/g/p_gkQAQZ3a5Tb7iLpt/NuHIhDXu
Piece in the SMH today.
https://www.smh.com.au/national/nsw/these-south-coast-cabins-have-been-a...
https://www.smh.com.au/national/nsw/these-south-coast-cabins-have-been-a...
Sorry just saw already noted
Also, you can hit ESC (or whatever) to stop the page loading before the paywall appears. Same with AFR.
Wow learn something new every day ha. I just use incognito but they've been getting past that. Escape is great!
I subscribe just like I do to swellnet - you know paying for a good service :)
SMH and FR, yeah nah :)
https://12ft.io/ works for some sites too, less than it used to though.
All surfers who stayed at Don's (myself included) need to get involved. The history of surfing Green Island and surrounding breaks is wrapped up in Don's cabins. Keen to get involved.
This is an e-petition to save Save Don Hearns' Cabins 2024. We need 20,000+ signatures before it can be tabled in Parliament. That's a pretty high bar! So please, if you want to see a piece of Australian coastal history saved from the government bulldozers, please sign and share as far and wide as you can. The only criteria for signing is that you are a NSW resident and that you have an email address - no age limit!
https://www.parliament.nsw.gov.au/la/pages/epetition-details.aspx?q=xNJE...
Sorry for the spam - didn't realise you'd share this. Thanks mate!
*** URGENT ACTION ***
If you love Don Hearn's Cabins and want to help us save a south coast institution, please sign this petition and share far and wide with friends and family.
YOU MUST BE A NSW RESIDENT TO SIGN.
Children CAN sign as long as they have their own e-mail address.
We need 20,000 signatures to get this tabled and spoken to in parliament so let's get cracking folks!
https://www.parliament.nsw.gov.au/la/pages/epetition-details.aspx?q=xNJE...