The Appian Way walkway links Toodyay’s historic 1903 Mercy Convent to the town’s St John the Baptist Catholic Church and straddles two new land titles created to separate the buildings.

The Archdiocese sought partial demolition of the walkway to enable it to sell the run-down convent for private commercial redevelopment.

The plan also demolishes part of an adjacent Garden of Peace which was built to commemorate deceased parishioners.

Last month’s council decision sets it at odds with the Perth Archdiocese which recently axed 100-year-old trees and built new roads to service a new small business estate behind the old convent.

‘No comment’ – Church

A Perth Church spokesman said the Archdiocese had “no comment at this time”.

Councillors were presented last month with two shire recommendations – a deferred July shire recommendation to approve demolition, and a last-minute “alternative” recommendation to reject the plan which was not published online or provided to the public gallery.

Councillors went straight to the alternative recommendation, which was moved by Cr Ben Bell, seconded by former Catholic Precinct activist and newly elected Cr Mick McKeown and carried unanimously (Crs Therese Chitty and Paula Greenway absent).

The decision said the proposed demolition was “inconsistent with the orderly and proper planning of the locality” and inconsistent with shire heritage planning policy.

The decision was a victory for Toodyay Catholic parishioners who formed a Friends of the Catholic Precinct action group after the shire’s surprise 2018 decision to approve the subdivision of a heritage site without public consultation.

Former Shire CEO Stan Scott used his delegated authority to approve the subdivision without referring it to the council or informing parishioners.

It prompted former State MP Larry Graham to present a formal submission alleging collusion and secrecy to the July council meeting.

“In my view, the handling of this entire issue exceeds the threshold required for referral to either or both the CCC (WA Crime and Corruption Commission) or the LG (State Local Government Department),” he told councillors.

New Shire CEO Suzie Haslehurst told The Herald after last month’s council decision that she had started to look at Mr Graham’s allegations and spoken to other shire officers involved.

“I’d be very surprised if anything came out of it,” she said.

“My preliminary findings are that due process was followed – it suggests no evidence of collusion.”

Shire President Rosemary Madacsi said: “I don’t believe any further action is needed.”

Mr Graham responded that “allegations of the type that I raised formally with the council require formal, thorough and competent investigation”.

State misled

Last month’s council decision followed several months of confusion after the shire initially advertised a plan submitted by the Archdiocese to demolish the whole walkway.

It attracted 23 public submissions with 19 against, including objections from the Toodyay Historical Society and several leading local ratepayers.

The State Planning, Lands and Heritage Department said the original subdivision application did not show the walkway.

A senior departmental official said the WA Planning Commission (WAPC) did not know the walkway existed when it approved the subdivision subject to conditions in June 2018.

“The application has not received final approval, however it is understood conditions are in the process of being carried out,” Regional South Land Use Planning Director Cath Meaghan said.

“Had the WAPC known there was a walkway in that location, it would not have made the decision it did because it is not feasible to have shared structures (eg: swimming pools, pergolas, etc.) on separate titles.

“So although the proposed subdivision seeks to separate the church buildings in a land titles sense, the shire’s planning intent is for the precinct to continue to function as a whole.”

Ms Meaghan said that in considering finalisation of the subdivision, the WAPC would be “mindful” of proposed planning arrangements to redevelop the precinct “in a manner that retains the heritage values of the site and allows for continued connection between the buildings”.

The fencing of lots between heritage buildings would “generally not be permitted unless it provides for ongoing pedestrian access” Ms Meaghan said.

“We as a council need to be able to support WALGA,” Cr Rayner said.

“I believe in the last six months or so we have turned dead against WALGA, all their policies, and a lot of their processes and their advice.

“I believe we should have someone that is still willing to negotiate with the policies that WALGA provides and their advice.

“I don’t know whether we as a council are doing that at the moment, so that’s the reason I put my hand up.”

Shire President Rosemary Madacsi said Cr Rayner was entitled to his view but she “certainly wouldn’t support it”.

Cr Bell moved to nominate Cr Rayner, who seconded himself when nobody else raised their hand to support his nomination.

Cr Bell said it made sense for the outgoing shire president to guide and introduce new people to WALGA and other councils.

“As part of any sort of succession planning, you always have a hand-over between incoming and outgoing,” Cr Bell said.

“It seems logical that someone who has been there, has the networks and knows the people takes the incoming president – it’s nothing more complicated than that.”

Cr Rayner said he had attended five WALGA conferences, including two as president and two as a (non-voting) deputy.

“I have a fairly wide network of councillors from all over the state and I would like to still represent Toodyay as a councillor and delegate,” he said.

Cr Ruthven could still go as a deputy but not have a right to vote.

Cr Ruthven objected.

She said the Shire Deputy President should have a right to vote at the conference.

“As far as networks are concerned, I have attended phone meetings and had some contact with WALGA personnel and I think I’m up to the task.”

Cr Susan Pearce said it was important that the shire’s new President and Deputy President “meet, network and share ideas with these people and that they become known in local government through WALGA”.

Cr Bell’s motion was lost 3-4 (Crs Therese Chitty and Paula Greenway absent) with Crs Rayner, Bell and Mick McKeown in favour, and President Madacsi, Deputy President Ruthven and Crs Pearce and Phil Hart against.

The council then voted 5-2 (Crs Rayner and Bell against) for Deputy President Ruthven to join President Madacsi in Perth as the second of Toodyay’s two voting delegates.

Cr Rayner was unopposed when he nominated himself to attend the conference as one of two non-voting deputies.

There were no takers for the second non-voting spot.

“Also, some grain growers don’t see a need to control their dogs because they don’t have sheep.”

Mr Driessen – who featured in a similar Herald Page 1 story in May 2016 – said a stray dog killed a $140 hogget last month in a night attack near his machinery shed.

“Dogs bite them on the hind leg to bring them down and eat them alive.”

“Others die when they stumble and fall when chased and the dogs tear them apart.”

Mr Driessen said he has lost seven sheep “torn up” by stray dogs in the past three months.

Dogs also killed 47 sheep on his property in a single month three years ago.

“I greatly appreciate the shire rangers’ immediate response but they can’t do much because by the time they get here the dogs have gone,” Mr Driessen said.

“You can’t shoot them because they mostly come at night and can’t be seen.

“I lay 1080 poison baits to control foxes but dogs prefer to kill something that moves.

“Those mongrels frighten the hell out of me – they’re worse than foxes.

“I’d like the shire to increase the penalty for dog attacks.

“I’m also ready to pay half the cost of a saliva test to show which dogs are killing my sheep.”

Mr Driessen has about 1200 merinos and 100 lambs and plans to complain to the shire about his latest losses.

“In a broad sense, the council has formulated its position,” Ms Haslehurst said.

It would go to a special council meeting for final approval on Tuesday August 11.

A 21-day State Government deadline was to expire on Monday August 10 but the shire sought an extension to Friday August 14 to accommodate the special council meeting.

The draft was also likely to be discussed on Wednesday August 5 when WA Local Government Minister David Templeman was due to visit Toodyay to meet councillors and senior staff at the invitation of Shire President Rosemary Madacsi.

It is understood former shire CEO Stan Scott – who moved to York last year – was also sent a copy of the inquiry draft report and is expected to respond independently.

The latest move follows a year-long inquiry by three Perth investigators into shire operations and affairs over seven years.

The inquiry was called to investigate “reasonable suspicion” that the shire may have breached local government laws.

It followed departmental criticism of Mr Scott in an official letter that he sought to withhold from councillors, prompting the heated resignation of newly elected councillor Di Granger in March 2018 amid allegations of bullying.

That incident – including a scathing email Mr Scott sent to former Cr Granger on a Saturday afternoon – is part of the inquiry.

Other matters investigated included the loss of more than $550,000 in a failed legal action against two former civic leaders, other botched shire prosecutions that cost ratepayers tens of thousands of dollars, declarations of interest by elected members, unlawful rates that had to be quashed by a State tribunal, “the culture within the shire” and “any other matter that comes to the person’s attention during the inquiry”.

The three investigators spent most of last year interviewing Toodyay ratepayers, examining shire records and questioning staff and councillors.

Ms Haslehurst said local government officials would examine the shire’s response to the draft report to decide if any changes should be made before sending it to the department’s Director General.

A final report would then go to the Minister to table in State Parliament.
Parliament is due to sit for three weeks next month, two weeks in October and three weeks in November.

Ms Haslehurst said it was likely that the final public report would also be placed on the shire website.

“My approach is to be as open and transparent as possible,” she said.

Noongar cultural adviser Rodney Garlett (above) led a traditional smoking ceremony to cleanse spirit, body and soul after traditional custodians and ancestors were respected in a traditional Welcome To Country in local language by Toodyay’s Sharmaine Miles.

A State-funded permanent display of Gnulla Moort (our family) interpretive art was unveiled by Noongar Elder Aunty Pat Davis and local Labor MP Darren West after an address by WA Planning, Land and Heritage Department Director General Gail McGowan.

Redbank Pool is about 900m downstream from Extracts Weir and is overlooked by the John Masters Bird Hide on the Bilya Walk Track which follows the Avon River from Toodyay Caravan Park to Nardie Cemetery.

The waterhole is registered as an Aboriginal heritage site.

At this month’s Redbank Pool cultural display unveiling ceremony (from left) Aunty Pat Davis, local MP Darren West, Iris Guilmartin, Rodney Garlett and Robert Miles. The permanent display was designed by Herald volunteer Sandra Harms. 

“I feel proud that this Noongar site interpretative art can now be enjoyed by all visitors,” NKAC Chairperson Robert Miles (above) said.

“It will be a lovely surprise for people walking along the Bilya Walk Track.”

Traditional Noongar families were regular visitors to the permanent waterhole in pre-colonial times according to the availability of local bush food that could be gathered and hunted across the Avon Valley’s six bonar (annual seasons).

Their diet included kangaroos, possums, ducks, turtles, fish, frogs and jilgies (small freshwater crayfish), and grasses and seeds for grinding into flour and medicinal use.

After food gathering, cooking and daytime cultural activities, small extended family groups would move back to a main camp a safe distance from the pool.

Redbank is also a significant Waugal (serpent snake) mythological site.

The Toodyay Valley has spiritual importance as a course travelled by the Waugal when making its way from Bolgart along various waterways, including Toodyay Brook and Redbank Pool, to Northam’s Burlong Pool during the hottest seasons of Birak and Bunuru.

The Gya Ngoop Keeninyara Dancers (pronounced Jaa-ngoop, meaning one or first blood) performed a cultural dance for invited guests after the opening speeches.

The Kobori (or Keeninyarra) is part of an ancient dance authentic to this area and was led by Trevor Stack.

NKAC Heritage Project Coordinator, Helen Shanks said the group was planning its next Noongar interpretive project “Gnulla Boodja, our country” at Pelham Reserve, overlooking the Toodyay townsite.