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NSW Heritage has launched an extraordinary court case to force the owners of the 110-year-old Paragon art deco cafe in the Blue Mountains to make urgent repairs to restore and fireproof the premises before it is too late to save it.
Announcing the launch of legal action, the second of its kind, Heritage Minister Penny Sharpe said the heritage-listed Paragon in Katoomba was an “irreplaceable treasure”.
“Places like the Paragon carry our history and must be protected because once lost, they cannot be replaced. That is why we are taking decisive legal action,” Sharpe said.
It is only the second time NSW has gone to court to save a heritage building. The first action was taken by Sharpe’s department when it brought court proceedings against the owners of the heritage-listed former Kenmore Psychiatric Hospital in Goulburn, which is also deteriorating and has been damaged by vandals.
The court action against the Paragon’s owners follows Sharpe’s announcement that she plans to update the state’s 50-year-old heritage act to include “real penalties” on owners who allow demolition by neglect.
The Paragon’s interiors were said to be nearly intact when it was heritage-listed by the NSW government in 2015.
Designed to resemble a classical Greek temple with alabaster friezes and decorated with Moruya marble, entire walls have been tagged in graffiti.
One of the most famous of the thousands of Greek cafes that provided an alternative to a counter pub meal in Australian country towns, the Paragon was also among the most glamorous, offering Hollywood-style sundaes. It is one of only a handful to survive.
Closed since 2018, the Paragon was established by Greek immigrant Zacharias Theodore “Jack” Simos, who travelled overseas to study confectionery manufacture and cafe culture. It is owned by Conset Investments, which had leased the cafe to former operators.
At a directions hearing in the NSW Land and Environment Court scheduled for July 17, Heritage NSW will allege Conset failed to meet the minimum standards of a section 120 order issued last November. This order required extensive restoration works and fire safety works.
In April, Heritage NSW warned that Conset has breached the November order. The allegation followed an inspection by a new compliance unit, the Biodiversity and Heritage Regulator, on March 2.
Heritage is now asking the court to enforce its order. If no action is taken, the owner could be found to be in contempt of court.
Photos taken by Heritage officers show holes in the bakery ceiling above original copper mixing bowls; before and after photos reveal the grand banquet hall now has holes in the floor, water damage and paint peeling off the walls; and graffiti on the walls near the banquette booth seating where original photos of the owners curl with age.
They also document damage to the woodwork around the famous 1920s art deco-style Grecian figures in bas-relief by Danish sculptor Otto. L. Steen.
Solicitor John Landerer, who holds an interest in Conset, said he would ask at the directions hearing for the court to provide “sufficient time” for work to be finished.
“We have no objections to doing the work,” he said. “All we want is the court to allow sufficient time.” Landerer said the work had started but would take longer. He said Conset would ask the court to give them until April 2027.
But residents said they were sick of hearing the same excuses and fed up with delays.
Rob Strange, president of the Friends of The Paragon, said it was encouraging that the government has demonstrated a will to use powers available to it under the current act to protect vulnerable properties.
“Unfortunately, basic measures to secure and protect The Paragon have been inadequate or delayed, resulting in significant damage to the interiors. It is hoped that this nationally significant icon can be preserved and ultimately restored.”
Strange said the elaborate interiors and its confectionery manufacturing facilities remained at risk as long as the property was inadequately secured: “The longer-term preservation will only be secured when the premises are reactivated and again open to the public.”
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