ATTACHMENT E

ATTACHMENT E

MILLERS POINT AND WALSH BAY HERITAGE REVIEW (MARCH 2007) RECOMMENDATIONS

Note: The final Millers Point and Walsh Bay Heritage Review (March 2007) can be viewed on Council’s website at: http://www.cityofsydney.nsw.gov.au/Development/HeritageInformation/ MillersPointAndWalshBayHeritage.asp ATTACHMENT E

6.0 RECOMMENDATIONS

This section sets out the recommendations that arise from this study. They relate to the creation of a Heritage Conservation Area, identification of places of individual heritage significance, planning considerations and management of both the private and public aspects of the study area. The recommendations are proposed within the framework that the whole of the area is of very high heritage value, that overall it should be retained and managed as it is currently being managed and that there should not be major or dramatic changes to the area or its character. It is also noted that there is limited opportunity for new buildings or elements to be added to the area, the recent development having occupied most of the vacant and available development sites.

6.1 Heritage Conservation Area

1 It is recommended that the appropriate form of heritage protection for the area is the recognition of a Millers Point/Walsh Bay Heritage Conservation Area in the City of LEP Schedule. This changes the status of the area from the current ‘Special Area’ LEP listing. This would be consistent with the planning management of other areas of heritage significance within the broader local government area and can provide uniform controls and management. 2 The proposed revised area boundary should be adopted as the Heritage Conservation Area boundary as set out in figure 6.1 and 6.2. This reflects the boundary of the area as it is now found (in relation to adjacent areas), removes elements that properly belong to those adjacent areas within the boundaries of those areas and removes the major high-rise development at the southern edge of the study area along Kent Street that more correctly belongs with the central city area than in the smaller scale of the Millers Point area. The proposed heritage conservation area’s edges have been carefully defined to include topographical features that are important to the character of the area. 3 The NSW Heritage Council should be requested to adjust their State Heritage Register listing boundary to align with the proposed Heritage Conservation Area. The two areas (the proposed Heritage Conservation Area and the current State Heritage Area boundary) are quite closely aligned in their boundaries at present but it would be preferable to have all listings adopting the same boundary so that there is consistency in the application of both the City of Sydney and the NSW Heritage Office approvals processes (refer to the proposed and existing area boundary maps - Figures 6.1 and 6.2). 4 That the amended Millers Point LEP Character Statement be adopted for the proposed Heritage Conservation Area reflecting the extended boundaries and outcomes of this study. The current character statement (Appendix 4) contained in the LEP 2005, Schedule 6 Character Statement and Objectives for Special Areas, has been reviewed and expanded to encompass the broader boundaries of the proposed Heritage Conservation Area with the wharf areas and the impact of the early twentieth century port improvements. The character statement as revised is: Millers Point - Character statement The Miller’s Point area is highly significant, as one of Sydney’s earliest suburbs developed to serve the nearby port. It was the location of windmills, quarries,

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observatories, fortifications and maritime activities from colonial times. Built evidence remains of some of these as well as early Victorian workers’ terraces and grander Victorian townhouses and villas. Much of the area has high archaeological potential. The area contains a residential community, which is unique in city terms for its strong identity and self-containment with employment, housing and community facilities available within the area. Government ownership has played an important role in the area with successive demolitions and redevelopments since the Resumptions in the early 1900s, the involvement of the Sydney Harbour Trust from 1908, the Housing Board in the inter-war period and more recently the Department of Housing. Much of the 1908 reconstruction of the wharves and adjacent residential precinct remains today. The area’s steep, coastal topography and early development in combination with the extensive 1908 development phase of ports, warehousing and residences have generated its character and built form with evidence of quarrying, retaining walls, and a public domain, which includes public staircases, laneways, pedestrian pathways, bridges, and parks of a variety of scales. The area south, along Kent Street, forms a transition in scale to the city with 2-storey development providing the dominant character. There is a significant change in level to the west with the lower building addressing Hickson Road. The area affords significant views to and from the water and of the Harbour Bridge. A significant panorama of the Harbour and the City is gained from Observatory Hill to north and west. The area is characterised by a fine grained subdivision pattern for residential areas, the broad and consistent form and scale of the wharf buildings and bond stores, the use of sandstone and other traditional building materials, 2-3 storey residential terraces, similar scaled commercial buildings (often pubs) defining the corners and the use of pitched roofs. While there is a consistency of materials, scale and and form, a variety of styles and street alignment are represented, with many of the terraces setback at street level. The area provides an historically interesting and significant blend of early development overlaid with successive major facilities developments related to port activities and residential accommodation. The area as now found has relatively few new buildings or additions after the major early twentieth century port development phase allowing it to retain much of that character despite changes of use of the port buildings. Objectives The objectives for this proposed HCA are (a) to ensure that any new development respects the adjoining development and maintains the predominantly two storey residential character of the residential areas and the predominant and large scale form and character of the wharf areas, (b) to conserve and reinforce the heritage significance of this HCA, (c) to ensure that any new building respects the adjoining buildings in siting, scale, form and use of materials, (d) to limit the amount and type of non-residential uses, to ensure the social and cultural mix of Millers Pont is maintained, (e) to maintain significant existing views and vistas into and out of the precinct to the water and Harbour Bridge north and to the city south, and Observatory Park, (f) to ensure that the social and cultural mix of Millers Point is maintained, (g) to conserve the continuity of Millers Point and adapt to meet the continuing needs of the significant uses.

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5 That the City of Sydney Heritage Development Control Plan provisions be applied to protect the special and particular character of the Millers Point/Dawes Point/Walsh Bay area. The proposed Heritage Conservation Area is unique in that it brings together port activity, small scale residential areas, civic spaces and public open space in a close knit integrated area with a distinctive character and inter-relationship not often found in Heritage Conservation Areas. The character statement in combination with the DCP controls provide a strong basis to guide future development but also to provide consistency in the application of heritage principles across Heritage Conservation Areas within the City of Sydney area. 6 That all of the streets in the proposed Heritage Conservation Area be included on the significant streets register of Council for their high heritage significance. All of the streetscapes, lanes and walkways within the proposed Heritage Conservation Area are of high value and should be included on the street register. This has been confirmed by the analysis set out in this report. 7 That Council adopt the significant views set out in this study and protect them as part of Council’s broader view study.

6.2 Heritage items

8 The places identified in the study as heritage items (both existing listed places and additional places) be gazetted as heritage items in the City of Sydney LEP. Most places within the proposed Heritage Conservation Area have been recognised as having high heritage value and are already included as heritage items on the LEP, the few remaining places (of heritage value) that are not listed should be included to achieve consistency across the area. The study recommends additional places for several reasons. Firstly, an expanded area including the wharves has been included within the City of Sydney Area requiring places previously identified by other authorities and in other studies to be entered onto the City of Sydney heritage schedule. This is consolidating existing established listings. The second group are a small number of places that have not been previously included on a heritage schedule but which have similar heritage values to places already included. If for no other reason, on the basis of consistency these places are recommended to be listed. It is not known why these places have been previously overlooked but this study has clearly identified them as having sufficient heritage significance to be recommended as Heritage Items. Individual inventory sheets that provide a full assessment of the heritage value of each of these properties are provided as part of this study. The list of new places recommended for inclusion as heritage items in this group are (Figure 6.3a): • Hickson Road utility building (14 Hickson Road) • Trinity Avenue Sub-station (36-62 Trinity Avenue) • Fort Street Primary School site (1005 Upper Fort Street) • Abraham Mott Hall (2 Watson Road) • Pier 1 (11 Hickson Road) • Wharves 2/3 and Shore Sheds (13A Hickson Road) • Wharves 4/5 and Shore Sheds (15 Hickson Road)

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• Wharves 6/7 and Shore Sheds (19 Hickson Road) • Wharves 8/9 and Shore Sheds (23 Hickson Road) • Messenger’s Cottage for Fort Phillip Signal Station (3B Upper Fort St) • Messenger’s Cottage for (9A Upper Fort Street) • Fort Phillip Signal Station (3A Upper Fort Street) • Bureau of Meteorology Building (9 Upper Fort Street) • MSB Bond Store no 3 (24-26A Hickson Road) • City Wool Centre (30 Windmill Street) • Rendered Brick Wall and Iron Fence (16,16A & 18 Hickson Road) • Kent Street Tennis Court and Pavilion (96-108 Kent Street) 9 That public domain features (identified in individual data sheets), not specifically listed in earlier studies, be gazetted as individual elements of local and State heritage significance (Figure 6.3b). The list of places recommended for inclusion as heritage items in this group are • Bettington Street steps • Watson Road steps • Windmill Steps • Pottinger Street steps • Hickson steps • High Street/Hickson Road Steps (closed) • High Street/Hickson Road Steps (open) • Lance and High Lane retaining wall and steps • Merriman Street rock face • Agar Walls • Pottinger Street retaining walls • Cahill Expressway rockface • National Trust Centre retaining walls • Rhodens lane retaining wall • Hickson Road sea wall • Hickson Road/ High Street Sandstone and Concrete Wall • Munn Street overbridge • Argyle Street overbridge • Windmill Street overbridge • Observatory Hill Footbridges • Ferry Street Laneway and Pottinger Street archaeological site • Argyle Street laneway • Lower Fort Street Laneways and fences • Dawes Point Ferry Dock 10 That places identified as having exceptional, high or medium significance (as defined in the study) be recommended to the NSW Heritage Office for inclusion on the State Heritage Register (Figure 6.4) where they are not currently listed on that register. This is recommended to provide a consistent approach across the proposed Heritage Conservation Area so that all properties of State heritage value are included on the State Heritage Register. The list includes:

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Properties Carlson Terraces/Agar Steps Terraces Abraham Mott Hall Hickson Road utility building Kent Street Tennis Court and Pavilion Public Domain Features Bettington Street steps Dalgety Road wall Munn Street wall Agar walls High Street Retaining wall and fencing Lance and High Lane Retaining wall and steps Watson Road Steps Munn Street overbridge Argyle Street overbridge Rhodens lane retaining wall Merriman Street rock face Windmill Street overbridge Windmill Steps Argyle Street laneway Laneway and archaeological site at Pottinger Street Pottinger Street step Potinger Street retaining walls Lower Fort Street Laneways and fences Observatory Park Footbridges Cahill Expressway Rockface National Trust Centre retaining walls High Street/Hickson Road Steps (closed) Tennis Court and Pavilion Hickson Road sea wall 11 That the amended City of Sydney heritage inventory sheets for all places be used as the basis for the revised listings in the new LEP and any proposed SHR listings (Appendix 3). The City of Sydney heritage database, at the time of this study, varied in quality and completeness of information. This study has revised and updated the inventory database information for Millers Point and Walsh Bay. A key source of information has been the well-prepared and thorough inventory data base prepared by the Department of Housing for their properties which comprise a significant proportion of buildings within the proposed Heritage Conservation Area. The data found in that database has been used without amendment in the present study as it is of high quality and as it will achieve consistency between the various registers and lists. 12 That the detailed requirements of the City of Sydney Heritage Development Control Plan be applied to the Millers Point/Walsh Bay proposed Heritage Conservation Area as the primary control for new works, additions, minor works, maintenance works, management of streetscapes, use, sub-division or lot amalgamation and public domain works.

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While the proposed Heritage Conservation Area is unique, management of its heritage values is no different to other areas of the City of Sydney that have high heritage value. The combination of the DCP provisions, this heritage study and the individual inventory forms will provide proper guidance and controls to ensure the retention of heritage values, provide scope for future works and protect the public realm. 13 That Council encourage owners to prepare maintenance programs for their buildings to ensure long-term conservation and proper asset management. While this is addressed in the Heritage DCP it is particularly noted as maintenance is not an activity that requires consent. Active promotion of heritage values and the need for maintenance is important in retaining heritage values across the area. It is noted that the Department of Housing have undertaken detailed maintenance studies for properties in their ownership, this could form a model for other maintenance works in the area. 14 That Council prepare clear management guidelines for heritage elements of the Heritage Conservation Area under their ownership. It is important for Council to establish a benchmark for managing heritage properties, engaging in appropriate maintenance and repair and demonstrating to the community good management practices. Often communities react to what is seen as the unfair impost of heritage listing and the increased cost and burden of owning heritage property. Council can demonstrate good management practices and the benefits of looking after heritage places to set an example and also to avoid criticism of not abiding by their own regulations. 15 That Council correct minor inconsistencies between names of heritage items on the City of Sydney Council Heritage Schedule and the State Heritage Register for ease of identification of properties. Identification should be generally altered to align with the SHI listings as this register is static and the City of Sydney Register is being reviewed as part of this study. These include:

Address City of Sydney Council Heritage State Heritage Register Name Schedule Name 1-7 Argyle Place Building Group Shops 9 Argyle Place Retail Group Shop and Residence 6-12 Argyle Place Group of buildings Shops 50 Argyle Place Undercliff Cottage Undercliff Cottage (former) 56-60 Bettington St Terrace Victorian Terrace 66-68 Bettington St Building Edwardian Terrace Hickson Road Former Grafton Bond Store Former Grafton Bond Store and Sandstone wall 1-17 Kent Street Oswald Bond Free Stores Oswald Bond Store 21-29 Kent Street Retail Group Edwardian Shop/Residences 14-16 Kent Street St Brigids Church and School St Brigid’s Roman Catholic Church and School 32-40 Kent Street Building Terrace 42 Kent Street Building Terrace 44 Kent Street Building Terrace 46 Kent Street Building Terrace 48-52 Kent Street Group of Buildings 48-50 Terrace House 52-54 Terrace 49-51 Kent Street Terrace Stone House

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Address City of Sydney Council Heritage State Heritage Register Name Schedule Name 53-55 Kent Street Terrace Stone House 56-62 Kent Street Terrace 56-58 Terrace 60-62 Terrace 59-63 Kent Street Hexham Terrace Hexam Terrace 81 Kent Street Seaforth Terrace Katoomba House 39-41 Lower Fort Street Terrace Georgian Town House 47-53 Lower Fort Street Point Terrace Terrace 57-61 Lower Fort Street Building Regency Townhouses 63-65 Lower Fort Street Terrace Vermont Terrace 18 Lower Fort Street Harbour View Hotel and site 20-22 Lower Fort Street Building Townhouse 58 Lower Fort Street Drill Hall Psych Unit 14-16 Merrimam Street Building Stone Cottage and Wall 20-42 Merrimam Street Terrace 20-48-Merrimam St Terraces 20-26-Georgian Style Victorian Terrace 28-38- Part of Davies terrace 40-48 Residence 18-20 Munn Street Terrace 18,18a, 20, 20a Terrace 6-20 Warehouses Upper Fort Street National Trust Centre National Trust Centre and associated buildings 73 Windmill Street Building Stevens Terrace 75 Windmill Street Building Shipwrights Arms Inn (former) 82 Windmill Street Building Royal College of Pathologist (former) 84 Windmill Street Building Royal College of Pathologist (former)

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Figure 6.1: Map illustrating the boundary of the Proposed Heritage Conservation Area

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Figure 6.2: Map illustrating the separate character areas within the Proposed Heritage Conservation Area. Precinct 1 comprises predominantly Victorian housing that pre-dates the twentieth century port developments. Precinct 2 comprises the c1908 port housing development Precinct 3 is the elevated and separated Observatory Hill area Precinct 4 is the wharf and port area

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Figure 6.3a: Map of Properties recommended for Inclusion on the City of Sydney Heritage Schedule

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Figure 6.3b: Map of Public Domain Features recommended for Inclusion on the City of Sydney Heritage Schedule

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Figure 6.4: Map of Properties/Public Domain Features Recommended for Inclusion on the State Heritage Register

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6.3 Views and Vistas

16 Retain the mapped major viewscapes from the precinct to the harbour, the and headlands beyond. The major viewscapes identified in figure 6.5 are: - the broad viewscape from Observatory Hill to the west over Kent Street to the harbour and the foreshore beyond - the broad view from Observatory Hill to the north over Argyle Street, Walsh Bay wharves to the harbour and the northern headlands and shore - the expansive view from Merriman Street and the attached park areas over the wharves to the harbour and headlands beyond - slot views between buildings, along streets, down stairways and lane ways that provide a range of views to lower streets, to buildings and in some locations to the water 17 Development within the viewshed of the Observatory Hill park area (refer to Figure 6.5) should not interrupt or remove views to the harbour when looking north to the harbour (the whole of the Harbour view should be retained from this location) and west across Darling Harbour to Pyrmont, Balmain and White Bay (while development is proposed along the waterfront, views to parts of the water and headlands beyond should be retained). This affects major future development (mostly outside the current study area), which could have an impact on current identified significant broad views. The intent of the recommendation is to conserve the existing view to the north and to ensure that views to the water and the headlands beyond are retained to the west. It is acknowledged that there will be some change in the view to the west with future development however retention of water views and consideration of how the views from Observatory Hill are retained with their significant links will be an important aspect of potential development. 18 Identified and mapped significant views within the area should be retained in future development or public realm projects. Many parts of the proposed Heritage Conservation Area have important and significant views both within and looking out of the area. The range of views from local to expansive all contribute to the character of the area. The most important of these views are mapped on figure 6.5 and should be considered if proposals that affect them are made. It is recommended that “vistas and views identified in figure 6.5 of this study be retained in future development of the area.” 19 Any new infill building within the area should not detract from or adversely impact on any identified significant views or vistas. Any new or replacement building within the proposed Heritage Conservation Area should be controlled so that it does not adversely impact on established views either to, around or over that building. This will affect height controls, siting of new buildings and the design approach so that generally new work will need to provide a contextual fit into the area. The City of Sydney Heritage Development control Plan addresses infill development and views at 7.2(6) where it states “infill development is not to obscure existing significant views to and from heritage items”. It is recommended that any future amendments made to the Heritage Development Control Plan, should expand this statement to include “...or identified and mapped significant views”.

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6.4 General Recommendations

20 The principles set out in this study, be adopted and the specific controls set out in the City of Sydney Heritage Development Control Plan, be applied for the Heritage Conservation Area. The controls aim to: - retain the mix of character found in each streetscape and retain the character of individual streetscapes - consider each building or element from the main street frontage and from rear or side lanes and public vantage points as most places are seen three-dimensionally in contrast to many residential areas where rear sections of buildings and sites are not subject to over viewing. - control alterations, additions and any changes to significant places to retain heritage values while allowing some flexibility to improve amenity - retain existing uses and patterns of use as seen in the high level of residential use of the area, the small-scale retail found at street intersections, hotels and commercial uses and the re-activated wharf areas with cultural and tourism uses. - identify sites with potential for future re-development (these are sites identified in the study as neutral or detracting) and establish clear guidelines for these sites. 21 The principles set out in this study, be adopted and the specific controls set out in the City of Sydney Heritage Development Control Plan (in particular Section 13), be applied for the public domain heritage values found in public spaces (Figures 6.6,6.7,6.8 and 6.9). These elements include: - retaining walls - rock faces (cut and natural) - palisade fences - pavements of various historic forms - kerbs and gutters of various historic forms reflecting different phases of construction and use - stairs and steps - bridges - lanes - pedestrian access routes - parks - archaeological remains

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6.5 Summary

The Millers Point/Walsh Bay area is an area of outstanding heritage significance and value. This has been widely recognised in a range of studies and previously by the creation of the ‘Special Area’ listing along with the NSW Heritage Council creation of a conservation area covering a similar area. Broadly the management of the area has been effective in retaining heritage values through the various controls that are available even though the management of the area has fallen under several different agencies over time. Creation of a Heritage Conservation Area and completion of the individual listing process of places of significance will bring the whole precinct under a consistent and common set of controls that have been adopted for the other heritage conservation areas within the City of Sydney boundaries. This will provide a high level of control of heritage matters and a consistent approach to heritage management across levels of government. Consolidating the area into a single Heritage Conservation Area with one set of controls will provide the best and most appropriate management model for the area. Of particular note is the extensive land ownership of the Department of Housing and their comprehensive approach to managing those lands and properties. The studies prepared by the Department are acknowledged in this study as the basis for the assessments and recommendations that affect those properties. Use of this material also provides a high level of consistency in management and control of these properties between agencies.

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Figure 6.5: Map of Significant Views and Vistas referred to in the recommendations The numbers and letters identifying specific views relate to photographs included in this report in Section 4.0. The panoramic views are: A The view from High Street west over Darling Harbour to Balmain, Pyrmont and White Bay in the distance B The elevated view from Merriman Street to the north and west to Balmain, the harbour and the surrounding shore lines. C The view to the Harbour and wharves from the raised walkway in Dalgety Street D & E The extensive view from Observatory Hill Park that extends from the harbour Bridge to Darling Harbour F The view to the Opera House from Lower Fort Street under the Harbour Bridge G The view to the Harbour Bridge and harbour from Lower Fort Street

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Figure 6.6: Map of Stairs, Bridges and Retaining Walls referred to in the recommendations

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Figure 6.7: Map of Palisade Fences referred to in the recommendations

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Figure 6.8: Map showing Pedestrian Access referred to in the recommendations

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Figure 6.9: Map showing Parks and Reserves referred to in the recommendations

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