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Id Land Pty Ltd Woods Road, Truganina Expert Witness

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Id Land Pty Ltd Woods Road, Truganina Expert Witness ID LAND PTY LTD WOODS ROAD, TRUGANINA EXPERT WITNESS STATEMENT 1 EXECUTIVE SUMMARY Draft prepared by Andrea Murphy 15 November 2013 Suite A3, 8 Rogers Street Port Melbourne VIC 3207 Suite 4, 46-50 Old Princes Highway Beaconsfield VIC 3807 PO Box 776 Beaconsfield VIC 3807 2 CONTENTS PAGE 1 PERSONAL DETAILS 2 QUALIFICATIONS AND EXPERIENCE 3 AREA OF EXPERTISE & STATEMENT OF EXPERTISE TO MAKE THE REPORT 4 INSTRUCTIONS AND SCOPE OF REPORT 5 SUMMARY OF OPINION 6 DECLARATION 3 1 PERSONAL DETAILS My name is Andrea Murphy, and I am the Director and Principal archaeologist and heritage advisor at Tardis Enterprises Pty Ltd trading as Archaeology at Tardis, heritage advisors and archaeologists. The head office is situated at Suite 4 46-50 Old Princes Highway, Beaconsfield 3807, Victoria. 2 QUALIFICATIONS AND EXPERIENCE I have a degree in Archaeology majoring in Australian Archaeology (Aboriginal) completed in 1984, and a Masters of Arts (Prelim) in Historic (non-Aboriginal) Archaeology, completed in 1991. I am a member and office bearer of the following affiliated bodies: ° Australian Society of Historic Archaeology (State Delegate) ° Australian Association of Consulting Archaeologists (Victorian Chairperson, Full Member, National Executive Committee Member) ° Australian Anthropological and Archaeological Society ° National Trust (VIC) ° Royal Victorian Historical Society ° Australia ICOMOS Full International Member ° Heritage Advisor Status (Aboriginal Affairs Victoria) I have been a practising archaeologist and heritage advisor since 1988, having worked for a number of private sector and government agencies in the capacity of an archaeologist until establishing Tardis Enterprises Pty Ltd in 1994. Tardis Enterprises Pty Ltd, which now trades as Archaeology at Tardis (AAT) is a leading consulting firm with 15 senior staff, and 10 supporting and sub-contracting personal. Over this 23 year period I have authored or co-authored over 1000 projects which have been produced for a wide variety of clients (see appendix 1). Tardis has been the recipient of several awards including Winner 2003 UNESCO Asia Pacific Heritage Conservation Award. 4 My expertise therefore is pre-contact and post contact Aboriginal archaeology and historic archaeology. AAT undertakes a considerable proportion of historic archaeological assessments in Victoria, including major excavations which require extensive post excavation analysis and reporting. My main role as Director and principal advisor is project management and supervision of numerous concurrent projects but remain heavily involved with field survey, excavations, background research, post excavation analysis, stakeholder consultation, production of technical reports and resolving the wide range of management issues relevant to Aboriginal and or historic heritage places and sites by devising appropriate management recommendations. I regularly appear at Tribunal hearings and before planning panels as an Expert Witness in the area of Aboriginal and historic heritage. 5 3 AREA OF EXPERTISE & STATEMENT OF EXPERTISE TO MAKE THIS REPORT I have done extensive work in historic cultural heritage management. Throughout this statement historic heritage refers to any site/place which has a non-Aboriginal origin. This expertise includes the historic heritage of Melbourne, Gippsland, Murray River, Victorian coast, forested uplands of the Dividing Range and the volcanic plains of the Western District of Victoria. I have prepared historic heritage reports for private developers, wind farm projects, local government and infrastructure organisations which have required the management of many forms of historic heritage including dry stone walls. I have identified and recorded a large range of the various forms which dry stone walls occur, including a large number in the Wyndham Shire. Assessing the significance of a site (in accordance with The Burra Charter Criteria) is an integral part of my role in heritage management for all projects. 4 INSTRUCTIONS AND SCOPE OF REPORT In September 2013, I was contacted in writing by Norton Rose Fulbright Australia on behalf of ID Land Pty Ltd to review and assess documents relevant to heritage matters affecting Woods Road in relation to proposed amendments to the Wyndham Planning Scheme comprising the Truganina Precinct Structure Plan 1090 and the Wyndham North Development Contributions Plan. These are to be considered in a Planning Panel Hearing. AAT was engaged to: 1. Review the letter of engagement, enclosed documents and the exhibited C175 and C177 (as relevant to my area of expertise); 2. confer with instructing solicitors and counsel where necessary; 3. prepare an expert report considering heritage matters; and 4. appear at the Panel Hearing of this matter for the purpose of presenting an expert opinion concerning heritage matters. 6 Specifically, ID Land Pty Ltd has objected to the retention of a section of dry stone wall on the northern boundary of the property as shown in the Truganina PSP in Plan 3. I have not addressed Aboriginal cultural heritage in this expert witness statement. ID Land Pty Ltd has separately commissioned AAT to prepare an Aboriginal Cultural Heritage Management Plan (CHMP). I have reviewed and assessed the documents provided and consider the following as relevant to my area of expertise: 1. Historic Heritage Assessment: Tarneit Precinct Structure Plan Area 90 (Context, April 2012 (Context Report)); 2. Wyndham North Heritage Strategy (Heritage Alliance, May 2012 (Heritage Alliance Report)); and 3. Truganina Precinct Structure Plan 1090 (GAA, July 2013 (Truganina PSP)). In October 2013, I was contacted in writing by Norton Rose Fulbright Australia to review additional documents (where relevant to my area of expertise) comprising: 1. Summary Unresolved Issues Version 1.1 (Metropolitan Planning Authority, October 2013); 2. Strategy for Managing Growth in Wyndham (Wyndham City Council, June 2013); and 3. 2040 Wyndham Social Infrastructure Planning Framework (Wyndham City Council, Updated 2012). I have also reviewed a historic heritage statement (HHS) which was authored by Dr Tom Rymer (dated 20 August 2013). The scope was to prepare a statement on the heritage values of the existing dry stone wall at Woods Road, Truganina. The advice was based on interpretation of the Heritage Act 1995 , a search of the Victorian Heritage Database and a site visit. The site visit was conducted on Tuesday 20 August 2013 by Dr Tom Rymer. 7 In preparing this evidence, I have also had regard to Built to Last: An historical and archaeological survey of Dry Stone Walls in Melbourne’s Western Region (Gary Vines 1990). The scope of my instructions was to consider the heritage values of the dry stone wall specifically on the subject land. I am aware that no specific historic or archaeological study into the dry stone walls located within the ID land has been undertaken. I have not reviewed or assessed in any detail the numerous site historic cultural heritage assessments conducted in the Municipality that relate to dry stone walls. This is properly a review to be conducted in any comprehensive assessment of dry stone walls in the Municipality. 5 SUMMARY OF OPINION Context Report This is the report prepared by the GAA which I understand aims to provide guidance for the retention and possible removal of historic heritage. The Context Report contains the following relevant information for the purposes of this statement: 1. Its purpose is to provide guidance regarding the retention and possible removal of known heritage (p 1). 2. The Panel Report for the Wyndham Planning Scheme Amendment C86 in 2009 (Panel Report) acknowledges that the dry stone walls were a significant element in the western plains landscape and should be protected. 3. The Panel Report recommended that Council immediately undertake a study to identify significant pre 1940 dry stone walls within the 8 municipality (p ix-x). The Context Report (p vii) notes that there was no published study that they identified. 4. The Panel Report also recommended that the Wyndham Planning Scheme be amended to include a Schedule to Clause 52.37 to protect dry stone walls constructed prior to 1940. The Context Report (p vii) notes that this was subsequently done. 5. The Context Report states that there are many dry stone walls located within the PSP area and that some define the road reserves, property boundaries and domestic farm fences (p ix). 6. Land within 50m of the centre of Skeleton Creek is identified as an area of high archaeological potential and a ‘clear cultural landscape’. The Context Report suggests that consideration be given to applying a Heritage Overlay or Significant Landscape Overlay (p xi-xii). 7. The study had a very limited timeframe and budget. This meant limited time for fieldwork, historical research and assessment of known heritage places (p 1). I make the following observations about the Context Report: 1. Dry stone walls are known to exist in the Truganina PSP area. It is not clear why the Context Report did not specifically identify, record, assess for significance or recommended for preservation dry stone walls in the Truganina PSP area. 2. No key recommendations were made regarding dry stone walls. I have assumed this was outside the scope of the project or due to the lack of time for fieldwork and that a study to identify significant pre 1940 dry stone walls was previously recommended in the Panel Report. Recommendations should have been made regarding the dry stone walls or the necessity for a comprehensive
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