Willoughby Council order Sydney couple to remove Holocaust memorial from garden

A Sydney couple has been left stunned after a local council ordered them to remove a Holocaust memorial from the garden of their home.

A local council is under fire for ordering a Sydney couple to remove a Holocaust memorial they created in the backyard of their north shore home due to concerns over “public amenity” and impacts on harbour views.

Norbert and Sharon Wyzenbeek have been left stunned but defiant as they battle Willoughby Council over a Holocaust memorial they created in the garden of their waterfront Northbridge home.

The memorial, which represents an eternal flame, was created as a way of remembering Mr Wyzenbeek’s Jewish relatives who were killed in concentration camps during World War Two.

But an inspection by council compliance officers found the memorial – which measures about three metres tall – did not have the required development consent and therefore must be demolished.

In a letter to Mr Wyzenbeek, the council stated the “unauthorised freestanding garden sculpture” may represent an unacceptable impact on surrounding natural areas and “harbour views” of adjoining properties.

Norbert Wyzenbeek and wife Sharon with the statue they have been ordered to remove by Willoughby Council. Photo: Jeremy Piper

The couple – who have lived at the property since the 1960s – are now vowing to challenge the order, saying it was insensitive particularly at a time when anti-Semitism in Australia is one on the rise.

“We’re survivors of the holocaust and I lost family members in the holocaust – the memorial is a way of always remembering them,” Mr Wyzenbeek said.

“The memorial represents the eternal flame and with what’s happening around the world today, it’s a symbol that’s even more pertinent.

The memorial was built to recognise the Holocaust.

“The memorial is built in our garden – you can’t see it from anywhere outside our property. It’s inconspicuous to everyone except for us.

“We don’t understand why you’d need to have a development application to create a memorial on your own property – the council has much bigger issues it should be focusing on.”

In the letter to Mr Wyzenbeek, the council stated “the garden sculpture may have an adverse effect upon the landscape amenity and natural foreshore setting of the bay”.

It is understood the council has received a small number of complaints over the memorial due to impacts on views.

The memorial is built on the couple’s north shore home.

In a statement, a Willoughby Council spokesman said the erection of statues within the foreshore building line is “grounded in local planning regulations designed to protect and preserve the natural foreshore environment”.

“While limited development may be permitted with consent within the foreshore building line, structures like statues are generally not allowed within this sensitive zone,” he said.

“Council notes that should the resident seek to proceed with erecting a statue on the property, the resident would need to ensure that the structure is situated outside the foreshore building line and complies with all other relevant planning and development controls.

“The purpose of the statue is not a relevant consideration in this regard.”

Norbert Wyzenbeek and wife Sharon with the statue.

Mr Wyzenbeek says his repeated attempts to arrange meetings with the council to resolve the dispute has fallen on deaf ears. He said he had also unsuccessfully tried to have a building certificate for the memorial approved by the council which would allow the memorial to be deemed as a “compliant structure”.

The couple have not ruled out challenging the council in the Land and Environment Court if it proceeds to enforce the demolition order.

“There are roads and footpaths that need fixing and replacing but the council is instead going after us and wasting ratepayers money doing so,” Ms Wyzenbeek said.

“It’s just ridiculous.”

Lawyer David Balog – who is representing the couple – has written to the council saying “at all times his clients have been committed to complying with development laws”.

“From the outset we should express our surprise that the council issued such a notice,” the letter stated.

“Our clients are perplexed as to why council would be taking enforcement action to require removal of an artistic sculpture in a private garden which is not causing any impacts on anyone.”

Originally published as Willoughby Council order Sydney couple to remove Holocaust memorial from garden