Two Newcastle councillors are pushing to "immediately" nominate the Newcastle Ocean Baths to the State Heritage Register but the council has warned the move could place the pavilion and facade "at significant risk of critical deterioration".
Independent councillor John Church has lodged the notice of motion with Greens councillor John Mackenzie to the July 25 Newcastle council meeting, seeking to nominate the ocean baths for state heritage listing.
The motion also calls for contracts for the stage two restoration of the baths to be delayed until it and the canoe pool are heritage-listed.
"The Newcastle Ocean Baths are now more than 100 years old, having first opened in 1922 and remain a significant landmark and popular destination for swimmers and tourists," the motion states.
It also includes a Heritage NSW preliminary assessment which says the Newcastle Ocean Baths and Canoe Pool "may be of state heritage significance" when considered against the relevant criteria.
A response to the motion from City of Newcastle's executive director city infrastructure says the determination of a heritage application "is likely to involve considerable time".
"The time needed to complete the assessment will vary and depends on several factors such as the number of stakeholders involved in consultation, and the complexity of the nomination, as well as a previous refusal in 2004 of the Newcastle Ocean Baths when last nominated for the State Heritage Register," the response says.
"Therefore, a determination of any application for the Newcastle Ocean Baths to be listed on the State Heritage Register is likely to involve considerable time."
The response cites an audit of state heritage assets by the Audit Office of NSW from June 27, which found the assessment period ranged from three months to 17 years for new listings since 2020.
The first stage of the baths renovation, which includes the pools and promenade areas, is underway, while plans for the second stage involving the pavilion were recently exhibited.
"As such, a resolution of the council that construction work does not commence to restore the Newcastle Ocean Baths until such time as the site and adjacent canoe pool are successfully listed on the State Heritage Register, places the pavilion and especially its facade, at significant risk of critical deterioration," the director's report said.
"The Newcastle Ocean Baths are ageing and need substantial upgrades to continue to provide use and benefit to the community."
Newcastle lord mayor Nuatali Nelmes wrote to the then-special minister of state Don Harwin seeking his assistance with heritage-listing the baths in November 2021.
A Heritage NSW spokesperson told the Herald at the time it would prepare a response to "encourage the lord mayor to submit a formal nomination so it may be considered by the Heritage Council of NSW".
The council director's report said the lord mayor wrote to the NSW Government in its role as the landowner to commence the process.
"To date City of Newcastle has not received landowner's consent from the NSW government for an application for the Newcastle Ocean Baths to be considered for listing on the State Heritage Register and so with a change of minister (and government) the council may consider it appropriate to reiterate its previous correspondence to the current Minister for Heritage," the report said.
Friends of Newcastle Ocean Baths lodged an interim heritage order application in 2022 in a bid to stop concreting of the floor from going ahead.
However it was knocked back by the Heritage Council of NSW, which said the works presented no "perceived, imminent, or immediate threat" to the heritage values of the baths.
The baths and pavilion are listed as a heritage item of local significance in the Newcastle Local Environmental Plan 2012 and are protected under the NSW Environmental Planning and Assessment Act 1979.
