Aqualand Baulkham Hills Development Pty Ltd.

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Mackillop Drive, Norwest, Planning Proposal Heritage

Aqualand Baulkham Hills Development Pty Ltd.

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DOCUMENT TRACKING

Project Name Mackillop Drive, Norwest, Planning Proposal Heritage

Project Number 10850 Project Manager Karyn McLeod Prepared by Caitlin Marsh Reviewed by Karyn McLeod Approved by Alistair Grinbergs

Status Final

Version Number Rev 5 Last saved on 7 April 2020

This report should be cited as ‘Eco Logical Australia 2019. Mackillop Drive, Norwest, Planning Proposal Heritage . Prepared for Aqualand Baulkham Hills Development Pty Ltd.

Disclaimer

This document may only be used for the purpose for which it was commissioned and in accordance with the contract between Eco Logical Australia Pty Ltd and Aqualand Baulkham Hills Development Pty Ltd.. The scope of services was defined in consultation with Aqualand Baulkham Hills Development Pty Ltd., by time and budgetary constraints imposed by the client, and the availability of reports and other data on the subject area. Changes to available information, legislation and schedules are made on an ongoing basis and readers should obtain up to date information. Eco Logical Australia Pty Ltd accepts no liability or responsibility whatsoever for or in respect of any use of or reliance upon this report and its supporting material by any third party. Information provided is not intended to be a substitute for site specific assessment or legal advice in relation to any matter. Unauthorised use of this report in any form is prohibited.

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List of Figures

Figure 1 The study area and location of lots, heritage house outlined red (Six Maps Land and Property information) ... 5

Figure 2 Proposed heritage curtilage (DKO 2019)... 6

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Figure 4 1943 aerial imagery showing the house and surrounding farm west of Windsor Road (Six Maps)

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Figure 5 Remnant garden to the north west of the house Lot 217 ... 10

Figure 6 View south of the heritage item on Lot 217 ... 10

Figure 7 View west along driveway between Lots 217 & 218 ... 10

Figure 8 Lots 215 & 216, view south west from the farm house ... 10

Figure 9 Conceptual Masterplan (DKO March 2019) ... 14

Figure 10 Indicative Masterplan (DKO March 2019) ... 15

List of Tables

Table 1 The Hills LEP 2012 ... 16

Table 2 Development controls ... 19

Table 3 Section 117 (2) EP &A Act 1979 ... 20

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1. Introduction

1.1 Background

Eco Logical Australia (ELA) has been commissioned by Aqualand Baulkham Hills Development Pty Ltd.

(Aqualand) to prepare a Statement of Heritage Impact (SoHI) for Lots 215, 216, 217 and 218 DP 1239622 (previously Lots 1001 and 1002 DP 1190982), Mackillop Drive, Norwest NSW. The entirety of Lots 217 and 218 are a heritage item listed in Schedule 5 of The Hills Local Environmental Plan (LEP) 2012 (Item I7). The listing comprises of a brick and stone interwar period California bungalow. Subdivision within this curtilage has been previously approved (Development Consent 6/2012/JP) which provides for a concept Masterplan for the site.

Aqualand have applied for amendments to the previous Masterplan approval and a planning proposal for small lot housing, apartments and the modification of the heritage curtilage given the construction of the Sydney Metro North West Rail and nearby Norwest Station. This planning proposal was subject to a rezoning review determined on 17 May 2018 and is currently with The Hills Council following Gateway Determination.

ELA have previously prepared a SoHI for the planning proposal to The Hills Council (dated 7 September 2017) seeking site specific amendments to The Hills LEP over Lots 215, 216, 217 and 218 DP 1239622as well as an interpretation plan and SoHI for the adaptive reuse of the heritage listed house. This report addresses any heritage impacts that may be associated with the proposed subdivision and development of the property in regard to the updated Conceptual Masterplan prepared by DKO March 2019.

1.2 Site Location

The property is located in The Hills Shire Local Government Area (LGA), west of Windsor Road in the southern portion of Norwest (formerly Baulkham Hills). Norwest is a suburb approximately 31km north- west from the Sydney Central Business District (CBD). Mackillop Drive is located to the west of Windsor Road and north of the M7 West Link. The property is bounded by Barina Dawns Road to the North, Mackillop Drive to the east, residential development to the south and St Josephs Baulkham Hills to the west. The heritage listed house is located towards the eastern end of Lot 1002 DP 1190982 (now Lot 217 DP 1239622) with the front façade facing Mackillop Drive (Figure 1).

1.3 The Proposal

This report updates the original Planning Proposal submission documents to reflect the current Conceptual Masterplan (Figure 11) comprising of medium density Lots and residential flat buildings.

• Lot 215 will comprise of 24 small Lot dwellings and 46 attached dwellings.

• Lot 218 will comprise of 160 apartments in four blocks (Figure 12).

This revised masterplan removes 110 apartments from Lot 217 to be replaced with 44 small Lot houses and townhouses. The approved cul-de-sac to the south of the house has been reduced in length thereby increasing open space around the house. The masterplan also reflects the adjustment of the heritage

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curtilage for the former farm house to coincide with the boundaries of the proposed Community Lot (Figure 2).

1.4 Methodology

This SoHI has been prepared in accordance with the NSW Heritage Manual ‘Statements of Heritage Impact’ (2002) and ‘Assessing Heritage Significance’ (2001) guidelines. The philosophy and process adopted is that guided by the Australia ICOMOS Burra Charter 1999.

The proposal has been assessed in relation to the relevant controls and provisions contained within The Hills Local Environmental Plan (LEP) 2012 and The Hills Development Control Plan (DCP) 2012.

1.5 Author Identification

This report has been prepared by Caitlin Marsh (Archaeologist) and Karyn McLeod, Principal Heritage Consultant (BA Hons [Archaeology] University of Sydney, MA Cultural Heritage, Deakin University) and reviewed by Alistair Grinbergs (BA Hons [Archaeology] Australian National University, Grad Dip Environmental Law).

Figure 1 The study area and location of lots, heritage house outlined red (Six Maps Land and Property information) Lot 214

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Figure 2 Proposed heritage curtilage (DKO 2019)

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2. Statutory context

The conservation and management of historic heritage takes place in accordance with relevant Commonwealth and State legislation, and local government planning and development controls. The project area is affected by a number of statutory controls for the planning and management of cultural heritage. The following legislation applies to the proposed works.

2.1 Heritage Act 1977 (NSW)

The Heritage Act 1977 (NSW) provides protection of the environmental heritage of the State which includes places, buildings, works, relics, movable objects or precincts that are of State or local heritage significance.

The NSW State Heritage Register (SHR) is the statutory register under Part 3A of the NSW Heritage Act.

Listing on the SHR means that any proposed works or alterations (unless exempted) to listed items must be approved by the Heritage Council or its delegates under section 60.

Archaeological features and deposits are afforded statutory protection by the ‘relics provision’ whether they are listed heritage items or not. The ‘relics provision’ requires that no archaeological relics be disturbed or destroyed without prior consent from the Heritage Council of NSW. To determine if an area has historical archaeological potential or relics an assessment is be made using the guidelines

‘Assessing Significance for Historical Archaeological Sites and Relics’ (Heritage Branch 2009). Permits are issued under Section 140 of the Act, or Section 60 for State significant relics. There are a number of exceptions and exemptions under Section 139(4) of the Act and Section 57(2) for State significant relics for minor activities that would not adversely affect significance. The Heritage Council must be notified of the discovery of a relic under Section 146 of the Heritage Act 1977.

State Government Agency’s Section 170 register includes items that have been identified as having state or local level significance and are owned or managed by State government agencies.

2.2 Environmental Planning and Assessment Act 1979

The Environmental Planning and Assessment Act 1979 (NSW) [EP&A Act] requires that consideration is given to environmental impacts as part of the land use planning process. In NSW, environmental impacts are interpreted as including cultural heritage impact. Proposed activities and development are considered under different parts of the EP&A Act, including:

Major projects (State Significant Development under Part 4.1 and State Significant Infrastructure under Part 5.1), requiring the approval of the Minister for Planning.

Minor or routine development requiring local council consent, are usually undertaken under Part 4. In limited circumstances, projects may require the Minister’s consent.

Part 5 activities which do not require development consent. These are often infrastructure projects approved by local councils or the State agency undertaking the project.

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The EP&A Act also controls the making of environmental planning instruments (EPIs) such as Local Environmental Plans (LEPs) and State Environmental Planning Policies (SEPPs). LEPs commonly identify, and have provisions for the protection of, local heritage items and heritage conservation areas.

2.2.1The Hills Local Environmental Plan 2012

The Hills Local Environmental Plan 2012 (The Hills LEP) lists heritage items and heritage conservation areas in Schedule 5 including the ‘St Joseph’s Novitiate’ at 64 Mackillop Drive (Item I7). Section 5.10, Miscellaneous Provisions in the LEP provides objectives and actions that are applicable to all heritage items. The current extent of the listing in Schedule 5 of The Hills LEP includes all of the development Lot 217 &218 .

Under the LEP development of land on which a heritage item is located requires the preparation of a heritage management document (heritage impact statement) and Council consent.

2.2.2 The Hills Development Control Plan 2012

The Hills Development Control Plan (DCP) 2012 includes controls and objectives for development in The Hills Shire. General heritage objectives include;

(i) To ensure that development is undertaken in a manner that is sympathetic to, and does not detract from, the heritage significance of heritage items and conservation areas, and their settings.

Part B, Section 2, C.5 of the DCP includes specific controls for development of land at 64 Mackillop Drive, Baulkham Hills (see Section 4.5.1)

Figure 3 The heritage listed house on the property

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3. Site Context

3.1 Historical Background

The site has recently become part of the new suburb of Norwest and was formerly part of Baulkham Hills. The name Baulkham Hills was given to the area by Andrew McDougall, a settler from Buckholm Hills, Scotland as it reminded McDougall of his homeland” (Tropman and Tropman 2010). Andrew McDougall was granted 700 acres and the adjoining 500 acres to the north was granted to Mrs Ward.

Ward’s land was dissected by Windsor Road and the current study area is a subdivision of land to the west of Windsor Road.

Figure 4 1943 aerial imagery showing the house and surrounding farm west of Windsor Road (Six Maps)

In 1952 Mother Leone Ryan, then Superior General of the Sisters of St Joseph, purchased a 47 hectare (116 acre) property in Baulkham Hills, part of Susana Ward’s original grant, and moved the Novitiate to the property (St Joseph’s Baulkham Hills). The Spirituality Centre to the west of the house was constructed in 1978 and in 1988 the sisters sold a significant portion of vacant pasture land, retaining 18 hectares (44 acres) including the study area and the house (St Joseph’s Baulkham Hills). Mackillop Drive appears to have been constructed during this time and the surrounding residences appear to date from the 70s and 80s. The listed house has been used by the Sisters for accommodation purposes since their purchase of the land and is now vacant. Aqualand purchased the property in 2016 and settled in 2017.

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3.2 Site Description

Norwest is a small suburb located in the north-western area of Sydney in The Hills Shire. The site adjoins the suburb boundaries of Bella Vista to the west and Baulkham Hills to the south. This area of Sydney is currently experiencing major planning and development ahead of the construction of the North-West Rail Link. The study area is located just to the south west of the main Castle Hill shopping and business area.

Figure 5 Remnant garden to the north west of the house Lot 217

Figure 6 View south of the heritage item on Lot 217

Figure 7 View west along driveway between Lots 217 &

218

Figure 8 Lots 215 & 216, view south west from the farm house

Baulkham Hills is the most populous suburb in the Hills Shire while Norwest comprises of Norwest Business Park, Castle Hill country Club and low to high density residential development. Mackillop Drive comprises of residential blocks containing predominantly brick houses dating 1970s - 1990s. The study area is roughly rectangular in shape and is the remaining portion of a larger rural property, some of which has been approved for subdivision. Lots 217 &218 DP 1239622 are bound by Barina Downs Road to the north, Mackillop Drive to the east, and residential subdivision to the south and west.

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The heritage item includes Lots 217 & 218 and its former farm house (Figure 1 & Figure 3). The building is a symmetrical, single storey, Inter-War period, brick construction California Bungalow constructed in c1928 (Tropman and Tropman 2016). The single storey building has four-bedrooms, with garage / sheds and associated outbuildings accessed via a tree lined bitumen private road extending from Mackillop Drive. The house has undergone some renovations in the past when the southern balcony was infilled to form two bedrooms. An additional bathroom and toilet were also added to the rear. The original bathroom and kitchen have been updated. A later building abutting the western side of the house is a self-contained a one bedroom apartment. A concrete pathway leading to a clothes line is located on the western side of the house.

The house is situated just below the ridgeline of the highest part of the study area and is surrounded by undulating terrain and cleared grasslands. Originally the house presented to MacKillop drive and currently the house can be partially seen from a distance, but views are mostly obscured by trees or the raised landform. Mature plantings are located on the northern, southern and eastern boundaries of the property. Located just east of the building are remnants of the original garden plantings and fence lines.

Agapanthus, crepe myrtle and mature gum trees are located to the east of the house and a mature line of brush box (Lophostemon confertus) trees to the south of the house. A tree lined drive leads to the entrance of the Sister of St Joseph’s compound at the western end of the property. St Joseph’s Novitiate is a place of public worship, currently used as a Convent.

The adjoining Lots 215 &216 comprise of open undeveloped grassland. In 2013 the Hills Shire Council granted consent for Concept Masterplan and Staged Residential Subdivision with road construction and public reserve creation and dedication. Subsequent modification applications to the approved concept masterplan and staged residential subdivision have followed. Earthworks are completed across the site.

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4. Heritage Impact Assessment

4.1 Heritage listing

The study area includes Lots 215, 216, 217 and 218 DP 1239622 (previously Lots 1001 and 1002 DP 1190982). The heritage item included all of Lot 1002 which is listed on The Hills LEP 2012 as item number I7 ‘St Joseph’s Novitiate’, a former farm house (Error! Reference source not found.. Lot 1002 has been subdivided into Lots 217 and 218 DP 1239622.

4.2 Significance

While the whole of Lot 1002 (Now Lot 217 & 218) is a listed item, the brief statement of significance from The Hills LEP 2012 heritage inventory sheet (I7) states simply that the listing is a ‘Fine example of bungalow in original condition’.

The previous statement of significance from The Hills Shire LEP 2005 states:

‘Fine example of bungalow in original condition. The former Farmhouse is a good representative example of an inter-war period California bungalow style residence which was previously situated in a much larger rural landscape. Its prominent location on the ridge within the undulating landscape features makes it a prominent element in the surrounding setting. Any recent alterations to the house do not detract from the high degree of integrity or architectural quality.’ (Tropman and Tropman 2010).

4.3 Archaeological Potential

The history of land use in the study area demonstrates that the land was cleared for agricultural purposes and used for grazing activities and orcharding in the past. The property has been incrementally subdivided and residential development has encroached on the boundaries of the site. There is no evidence of earlier structures above or below ground. The area at the rear of the house was formerly a small dairy, however any evidence is likely to have been removed by the construction of the additional self-contained accommodation building.

Due to the nature of the property as a farm it is unlikely that there is any potential for archaeological evidence related to earlier buildings or land use to survive in the study area. The 1943 image demonstrates that the study area was primarily crops or garden.

An Aboriginal archaeological survey of the property was also undertaken during site inspection in 2017.

No sites were identified in the study area and the property is not identified as a sensitive landform. The closest pre-contact permanent water course would have been Strangers Creek, over 600m to the north of the study area. Disturbance of the study area due to clearing, Pastoral and agricultural activities, gardens, roads and house construction has led to the conclusion that the potential for archaeological evidence related to Aboriginal occupation of the land will be low.

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4.4 Curtilage assessment

The listing description of the former farm house and the allotment is misleading. While the building is set on a ridge surrounded by open space, it is not a prominent element and views to and from the building are obscured by both the undulating landscape and the trees surrounding the building.

Although the allotment may once have been part of a wider rural landscape, in is now simply undeveloped land in a developed suburban setting. Good examples of interwar Californian Bungalows are common across Sydney, although they may not be as numerous in Baulkham Hills. It is also of note that the item is called ‘St Joseph’s Novitiate’, however Lots 1001 and 1002 DP 1190982 (now Lots 215, 216, 217 and 218 DP 1239622) are owned by Aqualand and Lot 1003 is owned by the Sisters of St Joseph.

The significance of the item appears to be concerned with the aesthetic qualities of the building and its position on a hill. In regard to curtilage, there are no significant outbuildings associated with the house, the entire listing has no archaeological potential and there are no important visual links to landscape features. Given significant parts of the allotment have very little to no heritage value, reduction of the heritage curtilage to reflect the relationship of the house with its immediate garden and land to the east and west would be more appropriate in understanding its historical context.

The proposed heritage curtilage (Figure 5) will maintain the house’s aesthetic and representative values.

The land surrounding the house has little to no historic heritage value other than being contextual to the building. Views to the heritage item are already restricted by the surrounding mature trees and undulating topography. The property does not continue to function as intended (farm) and the original allotment has been significantly reduced in the past. The proposed setting for the house would be contained within the Community Lot, which will be maintained as open space.

Masterplan approval has previously been granted by The Hills Shire Council for subdivision of the entire allotment and Council consent has been granted for subdivision and concept plan to facilitate low rise apartment development on adjoining land.

4.5 Proposed impacts

The current Conceptual Masterplan (Figure 10) comprises of medium density Lots and residential flat buildings. This revised masterplan seeks to change the zoning of the land for the following;

• Lot 218 will comprise of 160 apartments in four blocks (Figure 12).

The masterplan also reflects the adjustment of the heritage curtilage for the former farm house.

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Figure 9 Conceptual Masterplan (DKO March 2019)

4.6 Heritage values

The heritage values that form the basis for listing are predominantly concerned with the aesthetic qualities of the building and its representative values. The land surrounding the house has little to no heritage value other than being contextual to the building. Implementation of the approved Masterplan changes the context of the former farm house due to urban development. The setting of the heritage item effectively becomes the area of the proposed Community Lot, which will be managed by a Community Association as a landscaped communal open space. In the longer term, the boundaries of the heritage curtilage should reflect this reality.

4.7 Impacts

The site has previously been approved for development (DA 6/2012/JP). It is considered that the impact of the proposed subdivision and Conceptual Plan on the heritage item will not be any greater than that which will occur under the currently approved development. Under the existing approved development, it is considered that the house will still retain its aesthetic and representative values. Views to the heritage item are already restricted by trees and undulating topography, however views from the entrance to the property will remain and the long vista from the west down to the house will also be maintained.

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Figure 10 Indicative Masterplan (DKO March 2019)

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The Conceptual Masterplan differs in that there is one additional townhouse located within the DCP indicative curtilage. It should be noted that the curtilage included in the DCP was preliminary, not to scale and does not provide for continued views to Mackillop Drive. The proposed setting for the house would be contained within the Community Lot, which will be maintained as open space. The approval included a road constructed adjacent to the south and west of the heritage item resulting in the loss of a number of mature trees at the rear of the house. The current proposal has slightly altered the alignment of the heritage curtilage and reduced the length of the approved road thus eliminating the need for the removal of the trees and increasing open space around the house.

As the land slopes down to the north and south, proposed building heights will be lower than the current roof line of the heritage item. The southern vista along the existing tree lined pathway will be preserved within council maintained public pathways. The proposed addition of 44 small Lot houses and townhouses on Lot 217 in lieu of the 110 apartments originally proposed to the north will result in lower densities and will not obscure views to the ridgeline. Views to and from the house proposed by the current townhouse arrangement are no further restricted than from the previously proposed multi-unit dwelling plan. The inclusion of one townhouse instead of two multi story dwellings allows extra visual connection between the house and Mackillop Drive.

Adaptive reuse of the building is planned for the future. Any physical impacts to the building, will be subject to a separate development application.

The current listing of the item is vague in that it applies to the entire allotment, whilst the information on the Inventory sheet only describes only the house. The property does not continue to function as intended and the original allotment has been significantly reduced in the past. Given significant parts of the allotment have very little to no heritage value, subdivision and development would be acceptable.

4.8 The Hills LEP 2012

The objectives of Heritage conservation in The Hills LEP 2012 are stated in Section 5.10 of the LEP and includes the conservation of the environmental heritage of The Hills including the fabric, settings, views and heritage significance of heritage items and heritage conservation areas, archaeological sites, Aboriginal objects and Aboriginal places of heritage significance.

Table 1 The Hills LEP 2012

Clause 5.10 Discussion

Objectives

(a) a) to conserve the environmental heritage of the Hills,

(b) b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views, (c) c) to conserve archaeological sites,

(d) d) to conserve Aboriginal objects and Aboriginal places of heritage significance.

Development of the land incorporating the listed item has previously been approved however built form has not been approved. The development application covered by this assessment does include built form.

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Clause 5.10 Discussion Requirement for consent

(a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):

(i) a heritage item, (ii) an Aboriginal object,

(iii) a building, work, relic or tree within a heritage conservation area, (b) altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,

(c) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(d) disturbing or excavating an Aboriginal place of heritage significance, (e) erecting a building on land:

(i) on which a heritage item is located or that is within a heritage conservation area, or

(ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

(f) subdividing land:

(i) on which a heritage item is located or that is within a heritage conservation area, or

(ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

Subdivision of land and erecting buildings on land that is or contains a heritage item requires a statement of heritage impact. Lot 1002 (now lot 217 & 218) is a heritage item.

No known archaeological sites exist in the study area.

No known Aboriginal objects or places exist in the study area.

Heritage assessment

The consent authority may, before granting consent to any development:

(a) on land on which a heritage item is located, or (b) on land that is within a heritage conservation area, or

(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

Lot 217 DP 1239622 (formerly Lot 1002 DP 1190982) is land on which a heritage item is located and this report fulfils the requirement for a heritage management document.

Heritage conservation management plans

The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

Lot 217 DP 1239622 (formerly Lot 1002 DP 1190982) and the former farm house do not possess heritage values of a nature that would warrant a Conservation Management Plan. The item is of local significance, and therefore the proposal to subdivide does not trigger the requirements to produce a Conservation Management Plan according to the Statement of Heritage Impact guidelines.

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Clause 5.10 Discussion Archaeological sites

The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):

(a) notify the Heritage Council of its intention to grant consent, and (b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

The study area is not a known or potential archaeological site.

Aboriginal places of heritage significance

The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:

(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and

(b) notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

The study area is not an Aboriginal place of heritage significance.

Demolition of nominated State heritage items

The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:

(a) notify the Heritage Council about the application, and

(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

The study area is not a State heritage item.

4.8.1The Hills DCP

Part B, Section 2, C.5 of the DCP includes specific controls for development of land at Mackillop Drive, Norwest.

Objectives

(i) To ensure that the subdivision of land on which a heritage building is located does not isolate the heritage building from its setting or context or adversely affect its amenity or privacy.

(ii) To ensure that new dwellings erected on land upon which the heritage building is located are sympathetic to the character of the heritage building and its setting.

(iii) To ensure that the development of land in the vicinity of a heritage site is undertaken in a manner that complements the heritage significance of the site.

(iv) To ensure that development of the site respects the curtilage established by the original garden associated with the heritage item.

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An indicative proposed revision to the heritage curtilage was outlined in Figure 5 of the DCP. This amended curtilage has not been formalised by The Hills Shire Council through an amendment to the heritage maps in The Hills LEP 2012. The DCP indicative curtilage was not to scale and was planned prior to the Masterplan approval in 2013.

Table 2 Development controls

C.5 Control Response

C.5.3.2 (a) The heritage curtilage is to be consistent with the area shown edged yellow in Figure 5 (Tropman and Tropman 2010).

The heritage curtilage referred to here is from a SoHI prepared in 2010 for the previous development application for the site. The reduced heritage curtilage was approved as part of the application but has not been amended in the LEP.

There was no heritage curtilage approved during the Masterplan stage of works.

The proposed curtilage for this stage of work modifies the previous curtilage slightly and is presented in Figure 2. This modification is minor and includes the row of trees to the south of the house which form part of a proposed footway reserve. Reduction of the approved cul-de-sac to the south of the house allowing views into the site from the entrance to the property and more open space to the rear of the house.

The heritage value of the item surrounded by garden and mature plantings is not diminished by this change and the heritage item will be encompassed by the proposed Community Lot which will not be further developed.

(b) Brush box trees located parallel to Mackillop Drive and within the immediate curtilage in Figure 5 shall be retained.

The brush box trees will be retained as they have been included in a public walkway as part of previous approval.

(c) The rural qualities of the bitumen avenue with swale drainage lines are to be retained. There shall be no concrete edging.

The avenue will remain within the Community Lot and heritage curtilage but will not be an access road. No concrete edging is proposed.

(e) A Conservation Management Plan must be produced and submitted to Council to ensure that the existing heritage building is managed appropriately for its heritage values.

This is not required at this time as no works are proposed for the house. Should works be undertaken to the house, a separate development application will be applied for.

Heritage objectives and controls are set out in the DCP, Part B Section 2 for building height, colour, setbacks, access arrangements, building orientation and presentation to the streetscape for proposed development in relation to heritage items. These controls will need to be addressed in the future development of the site.

Controls relating to the ‘multi dwelling housing’ are pursuant to Part B Section 4. The construction of residential flat buildings is pursuant to Part B Section 5 except that additional setbacks from Barina Downs Road, along the western boundary of the development area and at the rear of the conference

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relate to small Lot housing, therefore the current proposed layout should satisfy these conditions in the DCP.

4.8.2Section 9.1 Ministerial Directions -2.3 Heritage Conservation

Table 3 Section 117 (2) EP &A Act 1979

Clause Discussion

The objective of this direction is to conserve items, areas, objects and places of environmental heritage significance and indigenous heritage significance. This direction applies when a relevant planning authority prepares a planning proposal.

One item of local heritage significance is located on Lot 217 DP 1239622 (formerly Lot 1002 DP 1190982). The planning proposal does not propose any additional changes that impact upon the heritage significance of this item than what has previously been approved. No items of Aboriginal Cultural Heritage have been identified on the site during studies undertaken for this proposal. A Preliminary Aboriginal Cultural Heritage Assessment was undertaken by ELA in 2016. No sites or Aboriginal Places have been recorded on the subject site. No sites or Aboriginal Places are located within a 1km x 1km area of the site.

The history use and development of the property demonstrates that there is no potential for significant historical archaeological features or deposits to be present on the site. The field survey concluded that an Aboriginal Heritage Impact Permit in accordance with the Part 6, National Parks and Wildlife Act 1974 (NPWA 1974) and an excavation permit under Section 140 of the Heritage Act will not be required. It is considered that the proposal is consistent with the requirements of Direction 2.3 Heritage Conservation.

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5. Conclusions and recommendations

Overall, the current proposal does not differ substantially from the approved development (DA 6/2012/JP) plan in the amount of available open space and road layout. Similar plantings and access will be retained. The proposal will not impact on the heritage item to any greater degree than what has currently been approved. The house will be protected within a Community Lot that includes the associated garden.

The assessment has resulted in the following conclusions:

• The heritage item, ‘St Joseph’s Novitiate’, is listed in Schedule 5 of The Hills LEP 2012 (#I7).

• The significance of the property is concerned with aesthetics of the building and views to and from the item. The setting of the heritage house and the visual relationship to Mackillop Drive will be maintained.

• A heritage curtilage has been established for Lot 1002 DP 1190982 (now Lots 217 and 218 DP 1239622) in the LEP, however subdivision within this curtilage has been previously approved (Development Consent 6/2012/JP).

• Part B, Section 2, C.5 of The Hills Development Control Plan 2012 (DCP) includes a curtilage and specific controls for development of land at 64 Mackillop Drive, Baulkham Hills.

• The proposed curtilage in the DCP is indicative only, the setting presented in this report is consistent the heritage significance preserved within the DCP curtilage.

• An existing development approval for the site provides for two storey building heights surrounding the former farm house.

• The new proposal has retained the view corridor from Mackillop Drive to the former farm house.

• Additional mature trees have been retained where an internal road was previously approved and Brush Box trees located parallel to Mackillop Drive and within the immediate curtilage have been retained via a previous subdivision approval.

• Set-backs to the proposed development to the north have also been increased and the long view to the west has been retained.

• The proposal will not have any impact on any known or potential historical or Aboriginal archaeological resource.

The following recommendations are applicable:

• Retention of the house in perpetuity and use by the residents will enable access to and appreciation of the heritage item.

• Mature planting should be retained wherever possible.

• The farm house and mature plantings will require fencing and protection during any future development of the site.

• Tree screening should be considered around the house to obscure views of any surrounding future development.

• The view corridor eastward from the farmhouse should be retained in the final development of the site.

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6. References

DKO, March 2019, 64 Mackillop Drive, Norwest Planning Proposal Rev BSHR Listing

http://www.environment.nsw.gov.au/heritageapp/ViewHeritageItemDetails.aspx?ID=5044989 Six Maps - Land and Property information

https://maps.six.nsw.gov.au/

The Hills Local History

https://www.thehills.nsw.gov.au/Library/Library-e-Resources/Local-Studies-Family-History/

The Hills LEP 2012

http://www.legislation.nsw.gov.au/#/view/EPI/2012/509 The Hills DCP 2012

https://www.thehills.nsw.gov.au/Building/Planning-Guidelines/The-Hills-Development-Control-Plan The Hills Shire Time Line

https://www.thehills.nsw.gov.au/About-The-Sydney-Hills/History-of-The-Hills-Shire/The-Hills-Shire- Timeline

Tropman and Tropman 2010. Staged Development Application Sisters of St Joseph former Farmhouse Building 64 Mackillop Drive Baulkham Hills, NSW Heritage Impact Statement. Prepared for The Sisters of St Joseph, 9 Mount Street, North Sydney.

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Aqualand Baulkham Hills Development Pty Ltd.

Mackillop Drive, Norwest, Planning Proposal Heritage