Fernhill Estate

Conservation Management Plan October 2019 Prepared for NSW Department of Planning, Industry & Environment

Suite C2.09 22-36 Mountain Street Ultimo NSW 2007

Tel: (02) 9211 2212 www.jpad.com.au

Nominated Architect Jennifer Preston. Registration number 6596. Registered Business Name JPA&D Australia Pty Ltd. ACN 100 865 585 ABN 32 100 865 585

Fernhill Estate Table of Contents 1.0 Executive Summary 6 1.1 Sites for this Study 6 1.2 Summary Statement of Significance 6 1.3 Key Findings 7 1.4 Critical Recommendations 7 2.0 Introduction 9 2.1 Outline of Tasks Required to be Undertaken in Brief 9 2.2 Definition of the Study Area/Item 9 2.3 Methodology 11 2.4 Limitations 11 2.5 Identification of Authors 11 2.6 Acknowledgments 11 3.0 Documentary Evidence 12 3.1 Thematic History 12 3.2 Chronology of Development 61 3.3 Historical Themes 67 3.4 Ability to Demonstrate 69 4.0 Physical Evidence 70 4.1 Identification of Existing Fabric 70 4.2 Analysis of Existing Fabric 142 4.3 Assessment of Archaeological Potential 145 4.4 Assessment of Views and Vistas 146 5.0 Assessment of Cultural Significance 150 5.1 Comparative Analysis 150 5.2 Definition of Curtilage 154 5.3 Statement of Significance 156 5.4 Review against State Heritage Register Criteria 157 5.5 Grading of Significance 160 6.0 Constraints and Opportunities 192 6.1 Issues arising from the Statement of Significance 192 6.2 Issues Arising from the Physical Condition 192 6.3 Heritage Management Framework 193 6.4 Opportunities for Use 199 6.5 Statutory and Non-Statutory Listings 204 6.6 Conserving the Natural Environment 204 6.7 Managing the Cultural Landscape 205 7.0 Development of Conservation Policy 211 7.1 Introduction 211 8.0 Conservation Policies and Guidelines 215 8.1 Definitions 215 8.2 Policies 215 9.0 Implementing the Plan 235 9.1 Policy Implementation 235 10.0 References 237 10.1 Heritage advice 237 10.2 Unpublished sources 237 10.3 Internet sources 237

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Fernhill Estate

10.4 Newspapers and journals 237 10.5 Books and manuscripts 238 10.6 Glossary 239 11.0 Appendices 242 11.1 Appendix A – Fernhill plans 11.2 Appendix B – Section 170 Listing 11.3 Appendix C – Maintenance Schedule 11.4 Appendix D – Fernhill Costed Maintenance Schedule No. 1 11.5 Appendix E – Penrith Developmental Control Plans 11.6 Appendix F – Burra Charter 11.7 Appendix G – NSW Heritage Office Minimum Standards of Maintenance and Repair 11.8 Appendix H – Additional Lands

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Fernhill Estate

Radiant Pleats, Mulgoa

Rectangular mansion, sunburnt pink, Embracing its half-round portico Of radiant pleats, all revival Greek, Skirt or soldier’s kilt: who’d know?

At least the house still stands, from back When fellow statelies used to ring The slopes of Sydney, issuing smoke, Watching for ships that brought everything.

Most such palaces died of equality Or of prone soldiers tucked in white. Scant call for film backgrounds killed others And a few were razed for spite –

Rectangular mansion, road-gang red, Tall behind its half mushroom Of swooped wood rafters, fanning to fit The pillared curve of their bow rim.

Waiting for the Past Les Murray, 2015

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Fernhill Estate

A handsome stone house overlooks by far the most lovely and extensive landscape – as a home view – I ever met with in Australia: and its beauty is much enhanced by the taste and success of the proprietor in weeding out the thinly leafed and unsightly kinds of the gum-tree and preserving only that species of eucalyptus called the apple-tree, which, with its stout gnarled branches and crisp tufted foliage, is, when standing alone or in clumps on parkish looking ground, by no means a bad representative of the English oak a stranger might imagine himself at the country-house of some substantial English squire there is a unity of homelike landscape unlike anything else of its kind I have met with out of England.

Godfrey Charles Mundy, Our Antipodes: or, Residence and Rambles in the Australasian Colonies, with a Glimpse of the Goldfields¸ 1852

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Fernhill Estate 1.0 Executive Summary 1.0 Executive Summary 1.1 Sites for this Study This study covers the site of Fernhill Estate, Mulgoa. The property is located at 1041 Mulgoa Road, Mulgoa NSW 2745 and is described as Lot 20 DP 541825, Lot 10 DP 615085 and Lot 11 DP 615085. It is within the Penrith Local Government Area and is currently owned by the NSW Department of Planning, Industry and Environment. Additional lands located at 1119-1145 and 1147-1187 Mulgoa Road, described as Lot 100 DP 717549, Lot 1 DP 570484 and Lot 6 DP 173159, are owned by the Department, and are listed as items of local heritage significance on the Penrith Local Environmental Plan, but do not form part of the State significant heritage curtilage of Fernhill. These properties are generally referred to throughout this CMP as “additional lands.”

1.2 Summary Statement of Significance The Fernhill Estate has historical, associative, aesthetic, research and representative significance and rarity values at a State level. Fernhill has social significance at a Local level. The Fernhill Estate comprises an extensive area of modified and natural landscape that provides a picturesque setting for the house completed in 1842 for Edward Cox. The house is sited on a rise with significant views of the Mulgoa Valley and specifically to St Thomas’ Church and Cox’s Cottage. Whilst these views are no longer present, the group of sites, connected to the Cox family demonstrates the family’s ambitions and their changes in wealth and status from 1810 to the 1880s. The sites retain a close and important historical relationship. The Cox family has a particular association with the Mulgoa Valley where they lived for three generations. Fernhill House was built in the Greek revival style by indentured Irish stonemasons from stone quarried on the site. It is of an exceptionally high quality and is finely detailed. The likely architect was Mortimer Lewis although this has not been definitively proven. Indications are that this was originally intended to be a two-storey house but its full realization was cut short by the 1840s depression. Fernhill is significant for its cultural landscape, which is a rare Australian example of the practice of modifying the natural landscape to create a park like appearance embellished by cultural features. This park like landscape may have been in part created through the practices of indigenous Australians prior to European settlement. Fernhill is possibly the only intact early Sydney colonial park like estate that was designed relying entirely on indigenous plants and the process of thinning rather than planting. There are significant views within the property. The Estate and buildings hold the potential for research into pre-colonial history specifically in relation to the land management practices of the indigenous Australians as well as the frontier wars of 1788 to 1817. There is Aboriginal archaeological potential on the western portion of the Estate. There is further research potential in regard to the indentured stonemasons, the winery ruin and the quarries from which the stone for the house was reportedly excavated. The house provides potential for further research into its own original configuration and use especially in the area of the cesspits and roof space. The landscape and house have been altered in character and detail during the late twentieth century however the original design and use of the house and stables is still easily legible. Fernhill has social significance as one of the early colonial settlements in the Mulgoa Valley, which contributes to the community’s sense of identity. Fernhill Estate has areas of environmental significance, including Cumberland Plain Woodland and Shale Sandstone Transition Forest, which are both listed at the State and Federal level as endangered ecological communities.

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Fernhill Estate 1.0 Executive Summary

The additional lands located at 1119-1145 and 1147-1187 Mulgoa Road are listed as local heritage items on the Penrith LEP as “Fernhill” curtilage. A portion of these lands, described as Lot 6 DP 173159, and known as ‘Slab cottage site’, is additionally listed as an archaeological site.

1.3 Key Findings 1. Fernhill Estate is of State Significance as one of the earliest surviving estates in the Sydney Basin. It is associated with the Cox family as 300 acres at the site was granted to Edward Cox. The Cox family was significant in Australia’s colonial history through colonial expansion and extensive pastoral interests. 2. The House is a rare and unusual example of a Greek revival colonial house of exceptional quality that illustrates both the grandeur of a large pastoral estate in Regency period Australia and also the detrimental effects on that estate of the 1840s depression. 3. The architect of the House has not been determined with certainty however the most likely person is the colonial architect Mortimer Lewis. 4. The house and original stables are generally in good condition and retain much of their early detailing. 5. There are two clear phases of development; the original work c. 1840 and a phase of more recent development from the 1950s to the 1980s under two owners, the Darlings and the Andersons. Modifications undertaken to the house and original stables during the second half of the twentieth century have impacted on the original fabric of the buildings in such a way that determining the original fabric with certainty is not always possible. 6. Whilst contributions to the significance of the site have been made in all periods, the later works in some instances conflict with the colonial period works. The earlier period works are considered of the greatest significance and as such should take precedence when interpreting the property. 7. The site reflects the cultural, social and economic aspects of the whole colony at the time of its construction and these aspects particularly of the pastoral class at that time can be interpreted by looking at Fernhill. 8. The landscape elements of the property are significant both for providing a setting for the house and as evidence of several historical approaches to landscape management. 9. The combination of the buildings and landscape as a complete entity are rare as they are relatively intact and most similar estates have been subdivided. The relationship of the property to wider Cox family buildings such as St Thomas Church and Cox’s Cottage still remain and some historic views are likely to be recoverable. 10. Whilst the whole of the Fernhill Estate is covered by Permanent Conservation Order No. 54, (Refer item 5.2 Definition of Curtilage) the different elements within the site are considered to have different levels of significance. (Refer 5.5 Grading of Significance) 11. The neighbouring lands at 1119-1145 and 1147-1187 Mulgoa Road purchased by the Department in 2019 are not State Heritage listed, but are listed on the Penrith Local Environment Plan 2010.

1.4 Critical Recommendations 1. Appropriate uses need to be found for the property as a whole that support its care and maintenance and allow for public access and education whilst protecting and enhancing the heritage values of the property and its built elements. 2. A masterplan should be undertaken for the whole site to determine appropriate uses, suitable locations for those uses, the infrastructure needed to support those uses, suitable locations for

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Fernhill Estate 1.0 Executive Summary

any new building elements that may be required and to set out site specific design guidelines for any proposed new built elements. 3. The existing heritage fabric should be maintained and intrusive elements including the racetrack, new stables and stone wall along the driveway should be removed where practicable. 4. The construction of new buildings on the site should be kept to a minimum with the preference being the adaptive re-use of existing structures. If new buildings are required, they should be sited and designed so as not to visually impact on the built elements that are of heritage significance. 5. If a new intrusive element is essential within buildings or areas of heritage significance to support a new use, the new intrusive element should be confined to within existing elements that have been assessed as being intrusive or of low significance. 6. Provide interpretive material for the site that details the history of the site and buildings. Interpretive material should not be intrusive on the views of the built elements or vistas of the property. 7. The lands at 1119-1145 and 1147-1187 Mulgoa Road could be incorporated into the State Heritage listed curtilage of Fernhill. 8. This Conservation Management Plan should be endorsed by the NSW Heritage Council and adopted by the owner as the key management tool for the site.

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Fernhill Estate 2.0 Introduction 2.0 Introduction 2.1 Outline of Tasks Required to be Undertaken in Brief JPA&D Australia Pty Ltd was engaged by the NSW Department of Planning, Industry and Environment to inspect the site and review existing documentation in order to provide an updated Conservation Management Plan (CMP).

2.2 Definition of the Study Area/Item This Conservation Management Plan (CMP) relates to the place known as Fernhill Estate, Mulgoa. The property is located at 1041 Mulgoa Rd, and is described as Lot 2 DP 541825, Lot 10 DP 615085 and Lot 11 DP 615085. It is in the local government area of Penrith City Council, and is currently owned by the NSW Department of Planning, Industry and Environment. Additional lands located at 1119-1145 and 1147-1187 Mulgoa Road, described as Lot 100 DP 717549, Lot 1 DP 570484 and Lot 6 DP 173159, are owned by the Department, and are listed as items of local heritage significance on the Penrith Local Environmental Plan, but do not form part of the State significant heritage curtilage of Fernhill. The site includes the homestead and former stables, as well as a number of outbuildings and associated structures. These include an entertainment building, a manager’s residence, aviaries, loose boxes, a garage, a former winery, a hay barn, a gardener’s shed, a covered circular lunging yard, a racetrack, a lake, various walls and fences, bridges, driveways and quarries.

Figure 1. Location map of Fernhill Estate (orange) and additional lands (purple and blue). (Source: JPA&D edit of Sixmaps image 2019) JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 9

Fernhill Estate 2.0 Introduction

Figure 2. Aerial image of Fernhill Estate (Source: Sixmaps 2019)

Figure 3. Cadastral plan of Fernhill showing Fernhill Estate (1041 Mulgoa Road) in orange, the additional lands at 1119- 1145 Mulgoa Road in light blue and the additional lands at 1147-1187 Mulgoa Road in purple. (Source: JPA&D edit of Sixmaps image 2019)

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Fernhill Estate 2.0 Introduction

2.3 Methodology The Fernhill site was visited in October and November 2018 and all buildings were inspected to the extent possible, measured and photographed. Plans of the Homestead and old stables were drawn up. The additional lands were visited and photographed in May 2019. The previous Conservation Management Plan by Paul Davies Pty Ltd, from 2014, was reviewed. That document and the information gathered at the 2018 site visits as well as other secondary texts listed in the reference list at the end of this document, were used as the basis for this Conservation Management Plan. Significant additional research has been undertaken to support this document. This Conservation Management Plan follows the general guidelines in J. S. Kerr, The Conservation Plan, National Trust of Australia (N.S.W.), 7th Edition 2013 and The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance, 2013. The format for this Conservation Management Plan follows the format set out in A Suggested Table of Contents for a Conservation Management Plan that can be Endorsed by the NSW Heritage Council, July 2002.

2.4 Limitations Whilst acknowledging Aboriginal occupation of the area prior to European settlement, this CMP only deals with the European Cultural Significance of the place.

2.5 Identification of Authors This Conservation Management Plan was written by Dr Jennifer Preston, Architect. Jennifer is prequalified for heritage work under the NSW State Government scheme for Consultants in Construction. Jennifer is a registered architect, a member of the Society of Architectural Historians Australia and New Zealand (SAHANZ) and sits on the Australian Institute of Architects (AIA) Heritage Committee. The CMP was reviewed by Emily Saunders, Architect, and research assistance was provided by Hayley Edmonds of JPA&D Australia Pty Ltd. The CMP was reviewed by Dr James Broadbent. Photographs dated 2018 were taken by Ross Thornton unless otherwise stated.

2.6 Acknowledgments This project was undertaken on behalf of Scott Courtney of the NSW Department of Planning, Industry and Environment. Assistance was also provided by David Miller of the Department of Planning, Industry and Environment.

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Fernhill Estate 3.0 Documentary Evidence 3.0 Documentary Evidence 3.1 Thematic History 3.1.1 Introduction This section provides a brief history of the Mulgoa Township, the development of Fernhill Estate, the Cox family and landscape design in the 19th century. The 2014 Conservation Management Plan for Fernhill by Paul Davies Pty Ltd has been used as a primary source for this document, and additional historic information has been added and is referenced in the footnotes with a bibliography at the end of the document.

3.1.2 Environmental Context Prior to clearing for grazing in the nineteenth century, the area around Mulgoa was covered by Cumberland Plain woodlands, including rough barked apple (Angophora floribunda), grey box (Eucalyptus microcarpa), forest red gum (Eucalyptus tereticornis) and grey ironbark (Eucalyptus crebra). There was also an area of shale cliff line habitat on the shale-sandstone boundary to the north of Mulgoa.1 Settlers in the nineteenth century, including the Cox family, undertook substantial but selective clearing of the natural landscape in the Mulgoa Valley which resulted in an open park- like landscape with dense forest areas and cleared pastures.

3.1.3 Indigenous History The Mulgoa Valley, which had a continuous supply of water and plant foods in the gullies and on the flood plain areas, marked an important boundary between two major clans – the Dharug from the plains and the Gundungurra from the mountains. These clans were from separate language groups. The Mulgoa Valley was used by both clans, as groups travelled along it to attend ceremonies, to barter foodstuffs, and during periods of drought used it as a source of food and water. As the Nepean River was a permanent water supply, the lands in close proximity to the river could be relied upon to provide food reserves. Mulgoa means black swan in the local Indigenous language.2 Aboriginal people lived in the valley for thousands of years prior to European contact. The expansion of colonial settlement from Sydney and the consequent clearing of the valley for grazing spelt the end for their way of life, although historical accounts note that the Mulgoa tribe continued to live in a semi-traditional manner until at least the 1840s. Settlers began to arrive in the Mulgoa Valley in the 1810s, quickly resulting in conflicts with the indigenous populations. The Mulgoa area saw numerous bloody encounters between the European and Indigenous inhabitants of the area, especially during periods of drought, when food supplies were scarce.3 However, it appears that the clashes may have been between the Gundungarra clans and the Europeans, rather than the Mulgoa band of the Dharug clan, which remained peaceful.4 In February of 1814 George Cox’s Farm at Winbourne at Mulgoa came under several attacks from “mountain Natives” and the workers defended themselves with muskets.5 Further attacks occurred in August of 1816.6 The conflicts in the area reached a peak in 1816 when Governor Lachlan Macquarie sent troops on an expedition to “kill and capture as many of the hostile Aborigines as could be found”.7 One attack at Mulgoa in August 1816 was noted in the Sydney Gazette where the body of a shepherd belonging to an estate at Mulgoa was found murdered by some “natives” on grazing land near a

1 Doug Benson and Jocelyn Howell, Taken for Granted: The Bushland of Sydney and its Suburbs (Kenthurst: Kangaroo Press, 1990), 85. 2 “Clan words”, Dharug and Dharawal Resources, http://dharug.dalang.com.au/plugin_wiki/page/Clan_words, accessed 22 October 2018. 3 Stephen Gapps, The Sydney Wars: Conflict in the early colony 1788-1817 (Sydney: NewSouth Publishing, 2018) 200. 4 Kinhill Stearns, Mulgoa Valley regional environmental study (Sydney: Kinhill Stearns,1983) 4-1. 5 Stephen Gapps, The Sydney Wars: Conflict in the early colony 1788-1817 (Sydney: NewSouth Publishing, 2018) 200. 6 Stephen Gapps, The Sydney Wars: Conflict in the early colony 1788-1817 (Sydney: NewSouth Publishing, 2018) 249. 7 Kinhill Stearns, Mulgoa Valley, 4-2. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 12

Fernhill Estate 3.0 Documentary Evidence farm. Many of his sheep were killed during the attack. When information of the attack reached the European settlers, parties were sent out to murder those responsible.8 During these hostilities the Mulgoa tribe were noted as being peaceful, but their numbers were rapidly declining. In 1826, Indigenous people were working on Cox’s estate, as described in a letter sent in to the Sydney Gazette:9 Being aware that you have always entertained a friendly feeling towards our Aborigines, I am sure it will be satisfactory to you to learn, that the tribe of Mulgoa reaped upwards of thirty acres of wheat for me within the last fourteen days; the work was as well executed as if performed by my best English labourers. The blacks are willing to work, if well fed; but the generality of settlers, I regret to say, think those unfortunate people sufficiently remunerated for their days labour by a gift of a small piece of tobacco and a drink of sour milk. I gave them and their wives three good meals a day, and a moderate quantity of weak rum punch (or what they call bull) in the afternoon. They went to their camp at sun-down, in high spirits, and were amongst the first in the wheat-field in the mornings. The census in 1828 noted 15 Aboriginal people living at Mulgoa: 7 men, 5 women and 3 children.10

3.1.4 The Mulgoa Valley 3.1.4.1 Early exploration and land grants European exploration of the areas west of the settlement at Port Jackson began in the years immediately following colonization. Significant explorations in the area included Watkin Tench’s expedition in 1789 as far south along the Nepean as Glenbrook Creek; George Evan’s boat trip in 1804 along the Nepean and Warragamba Rivers; George Caley’s expedition in 1807 south along the Nepean River to Wallacia; and Governor Macquarie’s boat trip along the Nepean in 1810 to the Warragamba River.11 Colonel William Paterson became Governor of New South Wales in 1809 following the deposition of Governor William Bligh. Throughout his tenure as governor, Paterson distributed a number of land grants across the colony, including in the Mulgoa Valley. Governor Macquarie later stated that Paterson was ‘such an easy going, good-natured, thoughtless man, that he latterly granted Lands to almost every person who asked them, without regards to their Merits or pretensions.’12 Paterson’s generosity resulted in 67 000 acres being distributed in that year, more than Governor King had granted over 6 years.13 Macquarie, upon his arrival in 1810, rescinded all of the grants made by Paterson, and redistributed those which he found to be appropriate. From this time, Mulgoa was a key area of settlement in the colony. The area became, for a period, the agricultural showpiece of the colony, with the homes of numerous members of the Cox and Norton families, among others, being consistently of a grand nature.14 One such grant was given to Edward Cox, son of William Cox, and would become the basis for the Fernhill estate. Edward was aged four and a half years old at the time, and the application for the grant was made by his mother Rebecca, who stated she required the land.15 The grant was favourably situated at the confluence of Littlefields and Mulgoa Creeks, and is indicative of the grants made in the valley between 1810 and 1814, being situated on the low undulating hills of the eastern part of the Valley with its shale derived soils.

8 Sydney Gazette and New South Wales Advertiser, 31 August 1816, 2. 9 Sydney Gazette and New South Wales Advertiser, 23 December 1826, 3. 10 Kinhill Stearns, Mulgoa Valley, 4-3. 11 Kinhill Stearns, Mulgoa Valley, 5-1. 12 David S. Macmillan, “Paterson, William (1755-1810)”, Australian Dictionary of Biography, http://adb.anu.edu.au/biography/paterson- william-2541. 13 Macmillan, Paterson. 14 E9 Mulgoa Valley, Penrith City Council Development Control Plan 2014, 3. 15 Colonial Secretary’s Correspondence, R. Cox, 13th January 1810, Fiche 3003, 4/1824, No.73, NSW State Records. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 13

Fernhill Estate 3.0 Documentary Evidence

The following is a list of land grants to the Cox family in the Mulgoa Valley. The areas marked with an asterisk (*) were part of the Fernhill Estate in the 19th century.16 300 acres to Edward Cox: 1 January 1810* 100 acres to William Cox: 8 October 1816 200 acres to William Cox: 8 October 1816* 820 acres to William Cox: 8 October 1816 600 acres to George Cox: 8 October 1816 400 acres to Henry Cox: 18 January 1817 760 acres to William Cox: 18 January 1817* and 850 acres to William Cox: 5 April 1821.*

Figure 4. Early Parish Map of Mulgoa. Edward Cox’s land grant indicated by the red arrow, with the southern border being Littlefields Creek. (Source: Historic Lands Record Viewer NSW)

3.1.5 The Cox Family The extended Cox family played significant roles in the development of the colony throughout the nineteenth century. The history below will deal primarily with the members of the Cox family who resided in the Mulgoa Valley. The Cox family resided in Mulgoa Valley for three generations between the 1810s and 1900s. The different branches of the family were centred on the estates of Glenmore, Winbourne and Fernhill as well as Cox’s Cottage.

3.1.5.1 William Cox (1764-1837) William Cox arrived in New South Wales on the Minerva in 1800 accompanied by his first wife, Rebecca Upjohn, and four of his six sons. Cox was a lieutenant in the New South Wales Corps, as well as its paymaster. Cox had joined the army in 1795, and was appointed to the New South Wales

16 Paul Davies Pty Ltd, Fernhill Conservation Management Plan, 2005, 50. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 14

Fernhill Estate 3.0 Documentary Evidence

Corps in 1797. As a member of the officer class in the fledgling penal establishment, Cox enjoyed the privilege of farming while holding down his normal military duties. Cox quickly secured large areas of farmland, which were characterised by productive Wianamatta Shale derived soils, found on the outskirts of Sydney. Within a year, Cox had acquired 1,500 acres of agricultural land at Petersham, Ryde and Castle Hill.

Figure 5. William Cox, portrait by C. Rodius 1830. (Source: Mitchell Library, State Library of New South Wales)

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Fernhill Estate 3.0 Documentary Evidence

Cox returned to England in 1807 to answer charges brought against him of corrupt behaviour in public office. His time in England coincided with the turbulent years of the Rum Rebellion in the young colony, and during this time his affairs were managed by his wife Rebecca, his eldest sons, and probably James King, his steward in the NSW Corps. Cox returned to New South Wales in 1810, after resigning his military commission in 1809. Cox’s return coincided with the onset of the governorship of Lachlan Macquarie. The Macquarie era brought political stability to the colony and sustained economic growth. Cox initially settled at Clarendon Farm on the Hawkesbury River, an area which had been settled from 1794 by emancipists at the direction of Governor King. For a number of years Macquarie was particularly interested in encouraging the agricultural potential of this area through the establishment of reserved townships and the administration of justice. Macquarie appointed Cox local magistrate in 1810, as well as entrusting him with the supervision of public works such as Francis Greenway’s Windsor courthouse, which was completed in 1820. Cox was also engaged by Macquarie to supervise the construction of the first road over the Blue Mountains, through mid-1814 and into 1815. Cox was rewarded for this enterprise with a land grant of 2000 acres on the Macquarie River, which he named Hereford.17 In December 1814 William and Elizabeth Cox leased Hobartville from Lieutenant Thomas Atkins and in 1816 they purchased the property from him.

Cox’s Cottage William Cox built Cox’s Cottage in 1811 for his sons, George, Henry and Edward. They all lived at the cottage prior to their marriages and development of their own estates, Winbourne, Glenmore and Fernhill respectively. Cox’s Cottage is one of Australia's oldest extant timber buildings, it is highly intact, is exceptionally well-cared for by the current owner James Broadbent, and retains its rural setting.

Figure 6. Cox’s Cottage, Mulgoa, 2019.

17 Edna Hickson, “William Cox”, Australian Dictionary of Biography, http://adb.anu.edu.au/biography/cox-william-1934. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 16

Fernhill Estate 3.0 Documentary Evidence

Figure 7. The Cottage, Mulgoa. The album itself dates from c. 1913-1914; however, it is believed that the photograph of Cox’s Cottage dates from c. 1900. (Source: Cox family album, Dixson Library, State Library NSW)

3.1.5.2 Edward Cox (1805-1868) Edward Cox was the second of William and Rebecca’s children to be born in the colony. Edward Cox returned to England in the early 1820s to complete his education. While there he studied wool processing at the Yorkshire mill town of Rawdon near Bradford, Lancashire.18 Rawdon has a longstanding association with the development of Australia’s wool trade, Samuel Marsden’s first shipment of wool being processed there in 1807.19 He returned to the colony in mid-1825. Cox married Jane Maria Brooks (1806-1888), the third daughter of Captain and Mrs Richard Brooks of Denham Court near Ingleburn, in April 1827. In the 1870s, Jane Maria Cox wrote out an account of her life, which provided some information about the Brooks family’s arrival and life in Sydney town. The Brooks family had arrived in Port Jackson on March 8, 1814, after first stopping in Hobart Town. Captain Brooks had been guaranteed land at Farm Cove; however, Governor Macquarie had since incorporated that land into the government domain, and he instead granted Brooks land at Cockle Bay. The Brooks family lived for ten years in a stone cottage at the corner of Pitt and Hunter Streets.20 Captain Brooks first came to New South Wales captaining the convict transport Atlas in 1802. Sixty-four people died on the two hundred and twenty-two-day journey, prompting an enquiry by Governor King as to whether Brooks had prioritised his private trade supplies over the health and safety of his passengers.21 Brooks was

18 ‘How the Coxes Founded Famous Merino and Beef Cattle Studs’, The Farmer and Settler, 14 January 1955, 15. 19 ‘Marsden’s Birthday. New Memorial at Farsley.’ Sydney Morning Herald, 28 July 1934, 11. 20 Jane Maria Cox reminiscences, Cox Family Papers, A1603, Mitchell Library. 21 Vivienne Parsons, “Brooks, Richard (1765-1833)”, Australian Dictionary of Biography, http://adb.anu.edu.au/biography/brooks-richard- 1830. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 17

Fernhill Estate 3.0 Documentary Evidence cleared and continued to sail regularly to and from Australia. In February 1813 Brooks was shipwrecked near the Falkland Islands, and rowed to Buenos Aires for help. In February 1828, Edward mortgaged Cox’s Cottage and his 300-acre crown grant to Henry Grattan Douglas for ₤2,066.22 The mortgage was discharged in July 1835.23 This mortgage may relate to improvements to the Cox’s Cottage farm necessitated by his marriage and prospective family. All of Edward and Jane’s children were born at Cox’s Cottage – Christiana (b. 1828), Edward King (b. 1829), Emma (b. 1831), Richard William (b. 1832), James Charles (b. 1834), Jane Maria (b. 1836), Rebecca (b. & d. 1838) and Charlotte (b. 1839). Edward Cox died age 64 at Bristow Hill (or Lodge), Goulburn, the property of his second son Richard William in May 1868.24 In the last two years of Edward’s life, he had been a member of New South Wales Legislative Council, and prior to this, between 1851 and 1855, a member of the non-elective Legislative Council. Since 1863 the management of Edward’s vast pastoral interests had been the responsibility of the first son Edward King. Edward Snr had apparently retired at this time, and was living at Fernhill with his wife, sharing an annual allowance of ₤2,150 provided by his son, which was generated from the family’s pastoral enterprises.25

3.1.5.3 The Cox estates The Cox brothers established their own individual estates in the valley from the 1820s – Winbourne, Glenmore and Fernhill. George Cox’s (1795-1868) Winbourne was developed from 1824, shortly after his marriage to Elizabeth Bell of Belmont, Richmond in 1822. Henry Cox’s (1796-1874) Glenmore was developed from 1823 on his marriage to Frances McKenzie, the daughter of Alexander McKenzie, an official of the Bank of New South Wales. Edward Cox’s Fernhill was the last to be developed, but incorporated the earliest of the homesteads, Cox’s Cottage. The family wealth that provided for the establishment and maintenance of these estates was based on the profits generated through exporting wool to England. William Cox had been developing his merino stud stock through the 1800s, establishing his stock with some of the merinos that came to Sydney in 1797 on the Reliance. The sheep were initially pastured, washed and shorn in the Valley, but increasingly after 1830 this activity took place on stations established in the new frontier lands west of the Blue Mountains. The first of these western stations was the 2000-acre Hereford estate granted to William Cox by Macquarie. William’s sons soon followed. Henry developed pastoral stations centred around Broombee on the Cudgegong River near Mudgee, and by 1830 George had taken up nearby Burrundulla Station. Edward Cox developed Rawdon located near Rylstone through a series of land grants totalling 9,400 acres acquired from 1825.26 It was also known as Dabee after a government village reserve. These outstations were used initially for pasture, with stock being moved over the mountains into the Valley for washing and shearing. With improvements in transport links later in the nineteenth century, the stations developed into substantial homesteads. By around 1830 the Cox family was in possession of about 9000 acres in Mulgoa Valley. Their neighbours included Sir John Jamison at his 9000 acre Regentville estate, centred on a house completed in 1825, probably to Francis Greenway’s design; Nathaniel Norton’s Fairlight above the Nepean River built c. 1821; and the incumbent of St. Thomas’ Church.27 The closeness of the community in the Valley is demonstrated by the ties of marriage, with the daughters of Alexander Kenneth Mackenzie marrying Henry Cox of Glenmore, James Norton, the brother of Nathaniel Norton of Fairlight and Rev. J. Troughton, the incumbent of St. Thomas’. Through the 1830s the extent of Edward Cox’s entitlement to the Cox’s family land in the Mulgoa Valley was formalised through a series of legal deeds of conveyance and memorandum. In June

22 Old System Deed Bk. C, No. 106, NSW Land Registry Services. 23 Old System Deed Bk. 2 No. 333, NSW Land Registry Services. 24 Sydney Morning Herald, 19 May 1868, 12. 25 Old System Deed Bk. 84 No. 684, NSW Land Registry Services. 26 Old System Deed Bk. 84 No. 684, NSW Land Registry Services. 27 1841 Census of New South Wales, x949, NSW State Records. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 18

Fernhill Estate 3.0 Documentary Evidence

1834 George M. Slade’s land grant of 800 acres was conveyed to Edward from his father,28 and in August 1834, 28 acres of his father’s 820 grant were also conveyed.29 Subsequently in August 1840, 196 acres 14 perches of Thomas Hobby’s grant of 640 acres were conveyed to Edward from his brother Henry.30 At the same time, Henry received 339 acres of the previously mentioned Slade grant.31 All of these lands, together with most of the principal grant of 300 acres made to Edward Cox in 1810, are associated with the Fernhill Estate, which with minor differences, continued to form the land of Fernhill. To the Cox family these lands were known collectively as the ‘mansion’ land.32

3.1.6.4 St Thomas’ Church The Cox family endowed the Church of England with funds and land in Mulgoa to provide for the construction of their local church, St. Thomas’. Ten acres of land was donated by Edward Cox for the Church.33 Jane Maria Cox recalled that the land that Edward gave for the church was given to him by Mr King, who had worked for his father.34 King had received the grant of land as he was one of the first soldiers to serve in the new colony.35

Figure 8. St Thomas Church. From the Cox Family Album (Source: Dixson Library, State Library NSW)

The foundation stone of St Thomas’ was laid on August 22 1836 by Miss Jane Jamison of Regentville, as stated on a commemorative plaque on the church’s exterior. It was completed in 1838. It has been claimed that the church was designed by James Chadley.36 However, Chadley left

28 Old System Deed Bk. 21 No. 566, NSW Land Registry Services. 29 Old System Deed Bk. G No. 601, NSW Land Registry Services. 30 Old System Deed Bk. S No. 953, NSW Land Registry Services. 31 Old System Deed Bk. S No. 952, NSW Land Registry Services. 32 Will of Edward Cox, Probate No 7668, Reel 3011, Society of Australian Genealogists. 33 Bowers, W.R., A Sketch of the History of the Parish of Mulgoa, Diocese of Sydney, N.S.W., (Sydney: Watchman Paper Co, 1911) 8. 34 Jane Maria Cox reminiscences. 35 Jane Maria Cox reminiscences. 36 Paul Davies Pty Ltd, Fernhill Conservation Management Plan, 2014, 11. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 19

Fernhill Estate 3.0 Documentary Evidence for the West Indies before the church was completed and before the tower had been begun. It is therefore possible that the design was based on an English plan which Bishop W.G. Broughton had acquired to help him erect Anglican churches in the colony with the assistance of Governor Bourke’s pound for pound Church Act subsidy for buildings costing at least £600, which was introduced in 1836. Chadley may have merely redrawn one of Broughton’s pattern-book designs to fit the site. In 1851 Canon W.H. Walsh attributed the church’s interior to the first incumbent, the Rev. Thomas Makinson, who designed and carved the chancel furniture. Makinson was appointed after the church had been consecrated.37 The substantial church and glebe lands were carved out of the Coxes’ Fernhill and Winbourne estates; in 1881 George Cox sold 38 acres of land to the Bishop of Sydney (see Section 3.1.7). For the education of the children of the landed families, a classical or grammar school was maintained by the church. A number of Cox family members are buried in the cemetery attached to the church, including Edward Cox and his family. The church and surrounding land is now owned by the Anglican Schools Corporation.

Figure 9. ‘Fernhill, Mulgoa.’ C. Cox. c. 1830. Looking east towards St Thomas’ Church. This view appears to be from Mulgoa Road with the first rectory to the left of the image. The sketch provides an indication of the extent of clearing and the open character of the landscape at that time. The gate posts on either side of the road to the right of the image possibly form the gateway to Fernhill. (Source: National Library of Australia, Image No. nla.pic-an8421802)

3.1.5.4 Fernhill Estate The name Fern Hill was in use as early as 1816, as evidenced by a notice in the Sydney Gazette and New South Wales Advertiser by George Cox, advertising for information on a missing horse.38 The first building on the estate was the Cottage, built by William Cox in 1810, however it is located on the eastern side of the current Mulgoa Road, and therefore not on the current Fernhill site. Cox’s Cottage is of State Heritage Significance (SHR 00171). The first building constructed on the current Fernhill site was the old stables, now referred to as the Office, built in 1839. The house was completed sometime between 1842 and 1845. Whist no documentation has been found to clearly establish the identity of the architect; the house contains features that suggest the architect may have been Mortimer Lewis. Lewis was government architect for 15 years and although

37 ‘Biography of James Chadley’, Design & Art Australia Online, https://www.daao.org.au/bio/james-chadley/biography/. 38 Sydney Gazette and New South Wales Advertiser, 15 June 1816, 2. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 20

Fernhill Estate 3.0 Documentary Evidence much of his work was public buildings, he did design some private houses. The long narrow windows, door architraves and use of pilasters at Fernhill are reminiscent of Lewis’s Old Customs House and Hartley Court House.39 John Verge has been suggested as another possible architect. Verge designed Denham Court for Edward Cox’s father-in-law, Richard Brooks, and stone columns at Fernhill are similarly cut to those at Verge’s Camden Park. However, by 1839 Verge had retired from architecture to take up grazing, and was living at Dungog.40

Figure 10. An early photo of the stables, with the narrow verandah on bush posts and the timber enclosure of part of the verandah, which has since been removed. A hay loft can be seen in the gable end. (Source: Arthur Wigram Allen, Photographic Collection, Mitchell Library, Vol 36, 39-40, 1906)

Hanly, Robertson, Hodges and Clinton suggest that Verge may have designed Fernhill, with Lewis overseeing the construction.41 An advertisement to let Cox’s Cottage in July 1845 names ‘M. W. Lewis, Esq., Colonial Architect’ as a reference for further particulars about the cottage, along with Edward Cox, evidencing a close association with the family and Fernhill.42 In his analysis of the design of Fernhill, James Broadbent confidently concludes that Lewis was the architect for the building: Fernhill is of a very sober disposition, taking its role as a country house very seriously, reflecting the confidence, wealth and social status of the ‘pure merino’ pastoralist who built it. Its design was only partly realized, but even in its unfinished state it is one of the

39 Rachel Roxburgh, Early Colonial Houses of New South Wales, (Sydney: Ure Smith, 1975), 242. 40 Philip Cox, The Australian Homestead, (Melbourne: Lansdowne, 1972), 136. 41 D. Hanly, L. Robertson, J. Hodges, R. Clinton, “Fernhill: A Measured Study”, Register of historic buildings: historic surveys, illustrated with measured drawings and photographs, ca. 1963-1976, 914148, Mitchell Library. 42 Sydney Morning Herald, 7 July 1845, 3. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 21

Fernhill Estate 3.0 Documentary Evidence

grandest and most impressive country houses built in colonial New South Wales. Lewis’s authorship of the house is almost certain, but cannot be proven conclusively. The building of Fernhill, and the landscaping of the park, was begun in the late 1830s (probably in 1839), and the lintel above the entrance door bears the date 1842. During the years of depression building work somehow continued, but it may not have been until 1845 that Edward and Jane Maria Cox and their family removed from The Cottage to their incomplete mansion. The design of the house had been modified from two storeys to one, with a temporary wooden porte-cochere, that lasted until the 1950s, on its unfinished entrance front. Nevertheless it boasted a fine set of interiors, of which the drawing room was the most impressive, a large room approximately 32 feet (9.7 metres) long by 22 feet (6.7 metres) wide but increased by a semicircular bow 24 feet (7.3 metres) across, centred along its length, set with five pairs of French doors leading into an encircling colonnade. It was finished with elaborate papier-mâché ceiling and cornice enrichments from C.F. Bielefeld in London, a decorative fountain and basin of composition stone in the centre of the bow, and, in contrast to the Grecian detailing elsewhere, an unashamedly Gothick marble chimneypiece. None of the Verge’s drawing rooms was as grand as this and only his stairhalls are more spatially impressive. The deceptive overscaling of the exterior which, from a distance, makes the house appear far smaller than it is, and the peculiar heavy-handedness of the detailing and its almost total lack of intricacy, delicacy or subtlety – characteristic of Lewis’s public buildings – suggest the government architect as its designer but, more especially does the imposing form of the drawing room.43 The house is built on a gently rising hill with panoramic views around the valley. The house appears to have been designed as a two-storey building, and the recession of the 1840s is the likely reason for its construction as a single-storey dwelling.44 The sandstone was quarried at the property. The quarry is located below the road that leads past the workshop buildings to the north-west of the house.45 Labour was sourced from Ireland to build the house through the assisted system of immigration. Efforts to increase immigration to the colony from the early 1830s foreshadowed the end of the transportation of convicts and resulted in the creation of two forms of assisted immigration – the ‘government’ system and the ‘bounty’ system. Both systems worked on the premise of immigrants receiving paid passages in return for their anticipated engagement in the colony’s workforce. While the former system was overseen by the Colonial Land and Emigration Commissioners, bounty immigrants were recruited by private shipping agents. The bounty scheme soon gained precedence, and the government scheme was suspended in 1840.46 The following year saw the arrival of 20,000 migrants as part of the bounty system. This large number was caused in part by the depression that had followed the British financial crisis of 1839. By the time the largest wave of migrants had arrived in Australia in 1841, so too had the very economic conditions that they were escaping, resulting in the suspension of the bounty immigration scheme.

43 James Broadbent, The Australian Colonial House: Architecture and Society in New South Wales, 1788-1842 (Sydney: Hordern House, 1997) 218-220. 44 Roxburgh, Colonial Houses, 243. 45 Davies CMP, 2005, 88-89. 46 Sydney Monitor and Commercial Advertiser, 23 August 1841, 2. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 22

Fernhill Estate 3.0 Documentary Evidence

Figure 11. Plan of Fernhill south wall and verandah, 1919. Drawing by John L. Berry, of Hardy Wilson’s architectural firm. (Source: National Library of Australia, Picture No, nla.pic-an2815617)

Jane Maria Cox recalled that they applied for 20 stone masons from Ireland to build Fernhill.47 Thomas Brady and Michael Meally, both from County Clare, were two of the stonemasons imported by Edward Cox.48 Both men arrived in Sydney on the Abbotsford, on September 29 1839. Brady and Meally were brothers-in-law, as Brady was married to Meally’s sister, Bridget. Brady arrived with Bridget and their 8 month old son, Thomas, and Meally arrived with his wife, Catherine, and their four children, James (5), Michael (4), Margaret (2), and Thomas (10 weeks).49 The demographics of migrants to Australia differed from the patterns established in migration to North America and other colonies. The newer colony required not only able bodied men and women, but also the basis of any civilised society, as defined by T.F. Elliot of the Colonial Land and Emigration Commissioners, ‘the natural Police, if I may so call it, of regular Families’.50 It is understood that the stonemasons lived in the stable while constructing Fernhill.51 Jane Maria later recalled that the house was completed four years after the birth of her last child, Charlotte.52 Charlotte is understood to have been born in 1839. While the year 1842, as carved above the front door, is universally given as the date of completion in accounts of the history of the house, taking possession of the house may have been a drawn-out affair. As late as July 1845 it was reported Cox had “taken possession of a newly erected cottage on another part of the estate of Fern Hill”.53 Governor Fitzroy’s aide-de-camp, Colonel Godfrey Mundy, visited Fernhill in the late 1840s. His recollection of this visit was included in his book, Our Antipodes, or Residence and Rambles in the Australian Colonies, with a Glimpse of the Goldfields, published in 1852.

47 Jane Maria Cox reminiscences. 48 Roxburgh, Colonial Houses, 242. 49 Assisted Immigrants Shipping Lists, NRS5316/4_4784/Abbotsford_28 Sep 1839/, NSW State Records. 50 BPP 1847, 462, as cited in J. McDonald, ‘Workers for Australia: A Profile of British and Irish Migrants Assisted to New South Wales in 1841’, Journal of the Australian Population Association, Vol. 15 No. 1, May 1998, 4. 51 Hanly et al. 52 Jane Maria Cox reminiscences. 53 Sydney Morning Herald, 7 July 1845, 3. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 23

Fernhill Estate 3.0 Documentary Evidence

3.1.5.4.1 Fernhill’s Landscape Indigenous Cultural Landscape There are number of observations of the Aboriginal cultural landscapes of the Cumberland and surrounding areas. It is noted in by Burton by that: ‘The underlying geology of the Cumberland Plain and its immediate surroundings is the primary determining factor in the development of the landscape that exists today. These Indigenous landscapes have influenced the nature of human occupation, which in turn has constantly modified them to suit their purposes.’ Burton’s observation can be applied to the Aboriginal management of the Australian landscape. 56 This caring for country approach is also argued by Gammage who discusses the use of fire in the 1788 landscape, as part of Indigenous farming practices, managed on a regional, and Australia-wide scale, across a collective of associated plant communities. Further, Gammage notes that the landscape that European settlers and travellers were greeted near Gundagai with ‘beautiful meadowland bounded by sloping ranges and hills covered in grass and thinly timbered’. Further, in 1831 William Govett saw summits behind Sydney ‘clothed in grass. In general, the ranges are covered in short timber and scrub’.57 While there has been no direct reference to the lands around Fernhill, the Mulgoa Valley formed part of the Forest Lands that; ‘In 1809, after two floods had destroyed the grain crops for the colony, Lieutenant Governor Paterson saw no alternative to settling the ‘forest’ lands of the Cumberland Plain. These lands were the open forests which had resulted from Aboriginal management of the land such as abounds with Grass and is the only Ground which is fit to Graze: according to the local distinction, the Grass is the discriminating character and not the Trees.’58 It is a high probability that much of the land that Fernhill was established on, while being ‘forest’ land as noted above, was of a semi open character and as such could be perceived as having Picturesque qualities. The open vegetated nature of the knoll that Fernhill is located on in early photographs for example could have been lightly vegetated with the ‘forest’ lands on the deeper soils of the valley making the knoll an appropriate location for gaining a prospect across the Mulgoa Valley. This was typical siting for colonial houses with another example being Macquarie Field House, Glenfield, built in 1843.

54 Colonel Godfrey Mundy, Our Antipodes, or Residence and Rambles in the Australian Colonies, with a Glimpse of the Gold fields, (London: R. Bentley, 1855). 55 Will of Edward King Cox, Probate 7668, SAG Reel 3011, Society of Australian Genealogists. 56 Craig Burton, ‘Sydney: Nature, Place and Landscape’ in Philip Thalis, Peter John Cantrill, Peter Mould et al, Public Sydney: Drawing on the City, (Sydney: Historic Houses Trust NSW & Content, Faculty of Built Environment, UNSW, 2013) 184. 57 Bill Gammage, The Biggest Estate on Earth, How Aborigines made Australia, (Sydney: Allen and Unwin, 2011) 7. 58 Christine Hay, Colleen Morris, James Quoyle, AILA NSW Landscape Heritage Report, Volumes 1 & 2, Office of Environment and Heritage Council of NSW, 11 June 2018, 167. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 24

Fernhill Estate 3.0 Documentary Evidence

European Cultural Landscape The landscaping of Fernhill Estate in the 1840s and 1850s may have been influenced by the landscaping principles advocated by Thomas Shepherd. Shepherd was a Scottish born and trained landscape gardener who migrated to Australia in 1827. He established the colony’s first nursery and published the colony’s first books on garden design, such as Lectures on the Horticulture of New South Wales, published in 1835, and Lectures on Landscape Gardening in Australia published posthumously in 1837. He considered a solution to the problems associated with the colonial landscape, the discriminative thinning of the native forest and planting with natives. He believed the clearing and beautification of mansion grounds would improve the monetary value of the estate in the long term. Fernhill has been described as having a ‘picturesque’ landscape. This appears to be the outcome of the Cox family in laying out the property and its early landscape form consisting of gravel drives and specimen tree planting around the house that survived until the 1960s. Broadbent believes that it is likely that Mortimer Lewis advised Cox on the design of the landscape.59 The term ‘picturesque’ was used during the 18th century in a general sense to describe natural and designed landscapes that would reflect romantic landscape pictures in the manner of 17th century artists. William Gilpin defined the term as ‘a term expressive of that peculiar kind of beauty, which is agreeable in a picture’.60 Picturesque was defined in 1794 as being characterized by qualities such as roughness, wildness, variety, surprise, irregularity and intricacy.61 One of the prominent designers of this style was Lancelot ‘Capability’ Brown who, during the mid-1700s, landscaped many large private estates with smooth undulating grass, clumps, belts and scattering of trees and serpentine lakes formed by invisibly damming small rivers.62 This ‘gardenless’ form of landscape gardening swept away almost all the remnants of the previous formal styles. The appreciation of idealised classical and Arcadian landscapes, such as those designed by Capability Brown, also extended to picturesque natural scenery. Although by the late 19th century the meaning of the term had broadened to describe landscapes that were attractive or scenic, the picturesque attributes of the natural scenery were recognised and appreciated during the early exploration and development of NSW. Some natural landscapes were ‘tamed’ in order to render them more picturesque. Many of the early estates had villas positioned in a semi-natural landscape to take advantage of the picturesque qualities in the natural setting or outlook. The design from scratch of a picturesque landscape was rare in Australia, which already had wild and unimproved landscapes that were naturally picturesque.63 The bamboo clumps used at Fernhill are similar to those used at Bronte House in Sydney, evidencing the theory that Mortimer Lewis was involved in the landscape design of Fernhill. The Italianate style was also associated with the picturesque, such as balustraded terraces or columned pergolas, contemporary versions of which were used by Sorensen at Fernhill in the late 20th century. 64 ‘Gardenesque’ was a term invented by J.C. Loudon in 1832 to describe a style of garden design that could instantly be recognized as a work of art.65 This distinguished such gardens from those laid out in the picturesque style, which it was argued, were not distinguishable from wild nature, and so could not be considered as works of fine art. Central to the Gardenesque style are plantings where the single plants are allowed to grow without touching other plants, or thinned out, so that as well as being decorative, their natural form and habit can be fully appreciated. Australian gardening books transformed and popularised the style and followed Edward Kemp than Loudon. Many however, followed Loudon's recommendation that if indigenous trees were used, they

59 James Broadbent conversation with Jennifer Preston, 10 May 2019. 60 William Gilpin, Essay on prints (London: A Strahan, 1802) xii. 61 C. Anne Neale, ‘Picturesque’ in R. Aitken and M. Looker, eds The Oxford Companion to Australian Gardens, (South Melbourne: Oxford University Press in association with the Australian Garden History Society, 2002) 473. 62 National Trust UK, ‘Why was Lancelot ‘Capability’ Brown so important?’ https://www.nationaltrust.org.uk/features/why-was-lancelot- capability-brown-so-important. 63 Neale, Picturesque, 474. 64 Howard Tanner and Jane Begg, The great gardens of Australia. (Melbourne: Macmillan Company of Australia, 1983) 26, 31. 65 Colleen Morris, ‘The Diffusion of Useful Knowledge: John Claudius Loudon and his Influence in the Australian Colonies’, Garden History, Vol. 32, No. 1, Spring 2004, 101. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 25

Fernhill Estate 3.0 Documentary Evidence should be planted singly and be ‘recognized as coming under the dominion of art’.66 Most of the 19th century Australian landscapes which have been described as picturesque may contain elements of the picturesque, but are better described as resembling an English park or as gardenesque. They may have irregular layouts, rough rockwork and rustic structures, but their design and plantings were intended to display the gardener's improving hand rather than to be mistaken for the work of unassisted nature. Bebeah in Mount Wilson, which was lived in by Edward Cox for a period of time, had a distinguished gardenesque landscape, as does Retford Hall in Darling Point. There are many picturesque examples, such as Parramatta Park in Parramatta, Strickland House in Vaucluse and Wynstay Estate in Mount Wilson. It does not appear that the garden at Fernhill was overly detailed in what is exemplified in the above examples. Fernhill, situated on a commanding rise with commanding views above the Mulgoa valley to the east remained the dominant built form unencumbered with extensive detailed planting around the house. The depression of 1840s with the house being recently completed (originally two designed as two stories) would have diminished expectations for the completion of the landscape around the house. A selection of specimen trees located to the side and rear of the house appear to have been the main plantings. The formal carriage round to the front of the house was set in lawn and on an incline following the natural contours of the site. These contours continued around to the south in front of the ballroom and. Garden detail to the front of the house was minimal with the house taking advantage of the panoramic district views gained from the verandah and front door. Limited specimen planting in lawn provided some immediate interest to the foreground. It may be surmised that where the detailed garden beds to the rear of the house are located, kitchen gardens and the practical purposes associated with a working farm (chickens, orchard etc.), leaving the formal areas to the front of the house open and broad with minimal detailing.

3.1.5.5 The 1840s Depression The financial crisis of the early 1840s reduced the value of once prized flocks of sheep to nothing. While many of the grazing families of the day, such as Jamison of Regentville, faced financial ruin, the Coxes survived the crisis due to careful management of their estates, prudent mortgages and the family’s political and social influence and power. The letters of Edward’s brother George, of Winbourne, from this period constantly refer to money difficulties and measures required to avoid debt. Edward’s wife, Jane Maria, referred to these difficulties obliquely as ‘Heavy Clouds hanging about’.67 In these difficult circumstances Edward and Jane Maria collectively mortgaged the grants of 300 acres and 800 acres for ₤4,000 in September 1842 to a consortium of Sydney businessmen.68 The extensive pastoral runs on the Cudgegong River at Rylstone were also mortgaged in July 1844 to the Australian Trust Company for ₤1,000.69 Also in 1845, Cox’s Cottage was put up for lease for a period of five years, presumably as another means of restraining household debt.70 The property was leased again from 1851 for a period of 15 years to the noted German immigrant Anschau family of vinedressers.71 The term of this lease appears to have been cut short, with Edward King Cox and his family residing in the cottage from at least 1856, as his wife was reported as giving birth at Cox’s Cottage in February 1856, October 1857, and again in February 1859.72

66 Colleen Morris, ‘Garden and Field’, in R. Aitken and M. Looker, eds, The Oxford Companion to Australian Gardens, (South Melbourne: Oxford University Press in association with the Australian Garden History Society, 2002) 248. 67 Jane Maria Cox reminiscences. 68 Old System Deed Bk. 2 No. 161, NSW Land Registry Services. 69 Old System Deed Bk. 7 No. 167, NSW Land Registry Services. 70 Sydney Morning Herald, 7 July 1845, 3. 71 Old System Deed Bk. 41 No. 281, NSW Land Registry Services. 72 Sydney Morning Herald, 4 February 1856, 8; 19 October 1857, 1; 22 January 1857, 1. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 26

Fernhill Estate 3.0 Documentary Evidence

Figure 12. Sketch of Fernhill, from ‘Australian Sketches (mainly scenes of Tasmania and New South Wales)’ ca. 1865- 1875. The original porte-cohere can be seen in the top image. (Source: State Library NSW, call number PXA 550)

Mortgages on Fernhill and Rawdon were re-financed in September 1851, with new mortgages totalling ₤4,000 made to John Nodes Dickenson, judge of the Supreme Court.73 One of these mortgages was on the three parcels of land that collectively formed the majority of the Fernhill land.

73 Old System Deed Bk. 21 No. 557, Bk. 21 No. 564, Bk. 21 No. 565, NSW Land Registry Services. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 27

Fernhill Estate 3.0 Documentary Evidence

This mortgage was repaid in January 1856 by which time it would seem the family’s financial problems had been resolved.74 Edward Cox and his son Edward King embarked on a new expansionary phase, acquiring between 1856 and 1861 numerous parcels of land in the county of Phillip (Gulgong), either for mining or pastoral use, or both.75 No account of the working of the estate of Fernhill during Edward Cox’s proprietorship has been located, but the surviving letters of his brother, George of Winbourne, are indicative of the Coxes’ style of managing their estates and outstations.76 While George managed Winbourne, his son George Henry managed their district stock station Burrundulla at Mudgee with the flocks of sheep in the care of shepherds. As late as 1848 the sheep were moved between the properties over the Blue Mountains following the line of road laid out by William Cox to be washed on the Nepean River and shorn. Winbourne also produced crops such as wheat, corn, oats, barley and lucerne, together with a home garden, vineyard and orchard to produce staple foods, fruit and wine. Unlike Jamison’s Regentville and other properties with frontage to the Nepean River, no industrial activity such as milling and wool manufacture were undertaken on this or other Cox land in the Valley.

3.1.5.6 Edward King Cox (1829-1883) Edward King Cox was born at Cox’s Cottage, the eldest son of Edward Cox and his wife Jane Maria. His second name was for James King, William Cox’s manager at Cox’s Cottage. After attending the Kings School, Parramatta, Edward King was sent to Europe in 1852 with his brother James Charles (b. 1834) to study sheep breeding in England, France, Hungary and elsewhere. Prior to his return to Australia, in 1855, he married Millicent Anne Standish, the second daughter of Richard J.L. Standish of Gin Lodge, Tralee, County Kerry, Ireland.

74 Old System Deed Bk. 41 No. 489, NSW Land Registry Services. 75 Old System Deed Bk. 84 No. 684, NSW Land Registry Services. 76 George Cox correspondence, 1846-1867, MLMSS 1150, Mitchell Library. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 28 3.0 Documentary Evidence

Figure 13. Edward Cox (1805-1868), youngest son of Figure 14. Edward King Cox (1829 – 1883), eldest Edward Cox (Source: Mitchell Library) William Cox (Source: Mitchell Library)

On their return, Edward King took on the management of the family’s large sheep station at Rawdon, with Cox’s Cottage as the head station. Edward Standish (1856) and Herbert Montgomerie Standish (1859) were born at Cox’s Cottage, and the couple’s other children were born at either Fernhill or Rawdon. Edward King inherited Fernhill Estate following his father’s death in 1868 and reorganised it to concentrate on the breeding of blood horses and shorthorn cattle. At Cox’s Cottage in 1868 Edward King established a horse stud, including the sires Yattendon, Lord of Linne, Vespasian, Chandos, and later Darebin. Yattendon was the winner of the inaugural Sydney Cup of 1867, and sired two Melbourne Cup winners. Grand Flaneur was trained at Fernhill by Edward King Cox, and won the Melbourne Cup in 1880.77 In 1874 Edward King was appointed a member of the Legislative Council to represent the pastoral interests during Sir James Martin’s tenure as chief justice. Like his father, he was never active in politics. His wool was officially exhibited by the NSW Government at the Paris Exposition Universelle of 1878, winning the grand prize.78 Edward King died at Fernhill in July 1883. On probate his estate of over 2300 acres was valued at ₤95,572. Under the terms of his will, the Fernhill Estate was broken up between his two eldest sons. The area west of Mulgoa Road was inherited by Edward Standish Cox, which is the Fernhill Estate. The area east of Mulgoa Road was inherited by Herbert Montgomerie Standish Cox, on which stands Cox’s Cottage. Edward King’s widow, Millicent, received Bebeah at Mount Wilson.79 The bulk of the house’s early furnishings were removed and given to family members or sold, after his death.80 The prize thoroughbred horse stud was disbanded and sold in April 1885.81 Mulgoa Road was an official road as early as 1862. It is listed in the Subordinate Roads of New South Wales as the road from ‘Penrith, via Regentville and Mulgoa, to Greendale’, with £70 allocated for its upkeep that year.82

77 Australian Town and Country Journal, 28 April 1900. 78 Sydney Morning Herald, 26 July 1883, 5. 79 Will of Edward King Cox. 80 RPA No. 14683, lodged by Henry James Bell, 21 January 1907, NSW Land Registry Services; Will of Jane Maria Cox, Probate No. 6994, Reel 3033, Society of Australian Genealogists. 81 T.S. Clibborn. Catalogue of the Fernhill Stud (Sydney: W.M. Maclardy, Printer, 1885). 82 ‘Subordinate Roads of New South Wales’, Sydney Morning Herald¸ 7 November 1862. Nominated Architect Jennifer Preston. Registration number 6596. Registered Business Name JPA&D Australia Pty Ltd. ACN 100 865 585 ABN 32 100 865 585

Fernhill Estate 3.0 Documentary Evidence

Figure 15. View of Fernhill House, Mulgoa, New South Wales, March 1874 by Margaret D. Martin. Note the potential sundial in front of the house. (Source: ML 1361 Mitchell Library) 3.1.5.7 Edward Standish King Cox The death of Edward King brought to an end the era of the Cox family’s continuous occupancy at Fernhill. Edward Standish inherited Fernhill from his father. Edward Standish’s primary place of abode was Fernside at Rylstone, where he also managed the longstanding Cox property Rawdon.83 Edward’s widow Jane Maria was permitted to reside at Fernhill for life on an allowance of ₤1,100. Jane Maria was at Fernhill at the time of her son’s death in 1883, and returned to Fernhill prior to her death in April 1888.84 In the interim, she resided for periods at Bristow Lodge in Goulburn. On her return to Fernhill from Goulburn she brought some of her furnishings.85 The property was placed on the market immediately after the death of Jane Maria, as in August 1888, Mr. Wright of Wright Heaton was reported to have shown an interest in acquiring the property.86 In March 1888, Edward Standish, in conjunction with his brothers Herbert Montgomerie and Alfred (1864-1938), mortgaged the estates of Fernhill and Cox’s Cottage to the Commercial Banking Company of Sydney for ₤25,000.87 In the following September, the mortgage was reassigned to the new Oriental Bank for an increased sum of ₤35,399.88 On the repayment of the loan in March 1889, Edward Standish entered into a new mortgage on his Fernhill estate for ₤6,000.89 This mortgage was advanced by Walter Lamb, the director of the Commercial Banking Company, and Robert Jones Mackenzie. It is understood that both men were related to the Cox family.90 Lamb’s first wife was Jane Cox, daughter of William Cox Jnr of Hobartville, and a niece of Edward Cox.91

3.1.5.8 Mulgoa Irrigation Scheme The timing of these mortgages coincides with an ambitious scheme to irrigate the Mulgoa Valley with water sourced from Warragamba River. The scheme was promoted by George Chaffey, Henry

83 Mudgee Guardian, 15 August 1918, 2. 84 Sydney Morning Herald, 26 July 1883, 5. 85 Will of Jane Maria Cox. 86 The Nepean Times, 11 August 1888, 4. 87 Old System Deed Bk. 398 No.297, NSW Land Registry Services. 88 Old System Deed Bk. 398 No.298, NSW Land Registry Services. 89 Old System Deed Bk. 411 No.35, Old System Deed Bk. 411 No.36, NSW Land Registry Services. 90 Davies CMP, 2014. 91 Sydney Morning Herald, 1 September 1847, 4. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 30

Fernhill Estate 3.0 Documentary Evidence

Gorman, and probably also by Arthur Winbourne Stephen. Chaffey was a Canadian engineer, who had previous success irrigating and subdividing land in California and Mildura. Gorman was a real estate agent and property speculator, a partner then managing director of Gorman and Hardie. Stephen, as his middle name suggests, was a nephew of George Cox of Winbourne. With the coming of the railway to Penrith in 1863, and the onset of fungal disease destroying grain crops, the rural economy of the Mulgoa Valley gradually shifted to fruit growing and dairying. With the proximity to the Nepean and Warragamba Rivers, irrigation was seen as a means of advancing development in the Valley. The Mulgoa Irrigation Act was passed by State Parliament in December 1890. This permitted the promoters, George Chaffey and Henry Gorman, to: …establish a system of Irrigation and Water Supply within and adjacent to the Police District of Penrith: to acquire lands to establish Irrigation Works; to authorize (sic) the sale and supply of water for irrigation and domestic use; and to construct, make, and lay dams, weirs, or flood-gates upon or across the Nepean and Warragamba Rivers, and for all other purposes which may be incidental thereto.92 An area of 18,610 acres was proposed to be acquired and subdivided into orchard and township lots.93 This substantial area of land at the time was held by only seven owners including the Cox, Cooper, King and Wentworth families. The land was tenanted by about 300 people and it was hoped closer settlement would dramatically increase this number. Based on Chaffey’s American irrigation developments, George Dibbs, who enthusiastically supported the scheme, believed the population could increase up to 15,000.94 After some construction the irrigation scheme collapsed in 1893 at a time of recessions brought about by a banking crisis. This in turn brought the end of any hope Edward Standish had of disposing of the property.95 The scheme was revived in 1897 and again in 1904. Edward Standish Cox’s Fernhill was affected by the irrigation scheme, and it would seem that Cox entered into a contract with the promoters to sell the estate.96 In contrast, the other affected land holders had simply placed their land under offer.97 Cox’s sale agreement was signed by Arthur Winbourne Stephen and was registered by the registrar General in September 1891; the sale price was ₤8,300.98

3.1.5.9 The late nineteenth century development of the Mulgoa Valley In the late-19th century a surge of development occurred in the Valley including Mulgoa Public School (1883), a public hall (1891), hotel (1891) and the post office (1893). The Valley under the Cox and other families had been staunchly Protestant for generations; however, a Roman Catholic church was established at the end of the 19th century. Another change was the commencement of self- governance by the community, with the declaration of Mulgoa Municipal Council on 26 July 1893. A proposal to link the Valley by railway to Liverpool was put forward in 1890.99 Electricity came to Penrith around 1890 by means of a privately-owned electricity generating station, but the municipality was not linked to the Sydney supply until 1931. Water supply pipes were added in 1892.100 By the 1910s the way of life in the Mulgoa Valley that had changed little in the 19th century had come to an end. The old pioneering families over time had disposed of their estates either by sale or foreclosure: Fernhill was removed from the Cox family in 1896 due to a failed mortgage; Winbourne was sold in 1901; and Cox’s Cottage was sold in 1913. The removal of the Cox family from the Valley was the culmination of a gradual withdrawal from their pastoral estates on the Cumberland Plain. The process

92 Mulgoa Irrigation Act, December 1890, http://classic.austlii.edu.au/au/legis/nsw/num_act/mia1890nm241/. 93 J.H. Watson, “Mulgoa, present and past”, in Australian Historical Society, Vol. 4, pt. 3, 1917, 193-194 94 NSW Parliamentary Debates, Legislative Assembly 1890, Vol. 50, 6103. 95 J.H. Watson, “Mulgoa, Wallacia, Warragamba, Newspaper Clippings”, Mitchell Library, FM4/10509. 96 Mulgoa Irrigation Act, 1890, Schedule 2, New South Wales Government Gazette, 29/12/1890, 9869. 97 Minutes of evidence taken before the Select Committee on the Mulgoa Irrigation Bill, Votes and Proceedings of the Legislative Council of New South Wales, 1890, Vol. 47, 1493. 98 Old System Deed Bk. 477 No. 873, NSW Land Registry Services. 99 Parliamentary Standing Committee on Public Works. Railway from Liverpool to Mulgoa, Report. Votes and Proceedings of the Legislative Council of New South Wales, 1904, Vol. 3, 1073. 100 Wendy Thorp, The Penrith Heritage Study: The Historical Archaeological Component, 1986, 126. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 31

Fernhill Estate 3.0 Documentary Evidence had begun in the mid-19th century with the sale of Henry Cox’s Glenmore in 1852, the Hawkesbury River properties Clarendon in 1862 and Hobartville in 1877.

3.1.6 Fernhill from the 1890s 3.1.6.1 Frederick Thomas Humphrey (1841-1908) and Edward Perry Simpson In May 1896, the 1889 mortgage over Fernhill was transferred to Frederick Thomas Humphery and Edward Perry Simpson.101 The transfer was part of a raft of Trusteeships and mortgages divested by Walter Lamb at this time.102 Humphery was a member of the Legislative Council who had been appointed in 1887 and also carried on numerous business activities including official assignee of insolvent estates. Humphery was very familiar with the Mulgoa irrigation scheme, having presented the private bill to parliament on behalf of the promoters.103 He was also chairman of the select committee of the Legislative Council appointed in the bill.104 The relationship between Edward Standish and Humphery is not clear, but in consequence of Cox defaulting on the mortgage in 1896, Humphery and Simpson entered into possession of the property.105 Why Edward Standish allowed the property to be acquired in this manner is uncertain, but the decision may have related to factors such as the changing social and economic conditions of the day, where the large houses and estates of the 19th century were becoming increasingly unfashionable and expensive to maintain. On the foreclosure of the mortgage in 1896 the new owners installed a tenant.106 It is possible that this tenant was Celestino Vassella, who is listed in Hall’s Directory of 1895 as a farmer of Fernhill, although by May 1896 he was advertising to rent a dairy farm with his address listed as Kurrajong.107 Fernhill Estate was owned by Humphery and Simpson from 1896 to 1906. By 1900, Mr Moorehead was the occupant.108 Edward Standish’s cousin, George Henry, sold the neighbouring Winbourne estate in 1901 to a Mr Peter Hewitt.109

3.1.6.2 Henry James Bell Henry James Bell acquired Fernhill from Humphrey and Simpson in August 1906 for ₤3,000.110 It appears Bell was sold the property at a discounted price as Humphery was his father-in-law, considering the property was valued at ₤8,300 in 1891, and was later the collateral for a mortgage of ₤6,000.111 Bell was a grazier and had married Humphery’s daughter, Laura Godfrey in 1880.112 In the early years of the 20th century the house was tenanted by Richard Beindge Baynes and his family.113 Baynes was the son of Colonel Baynes of the New South Wales military forces, and was well acquainted with Edward Standish Cox and the Fernhill Estate, having visited the house to arrange for the sale of the furniture on the death of Edward King Cox.114 Baynes was a long term alderman with the Municipality of Mulgoa, serving as Mayor from 1903 to 1913. He was also an alderman for the Shire of Nepean. In evidence Baynes presented to a parliamentary standing committee on public works in 1904, Baynes stated he occupied the 1000 acres of Fernhill, of which about 700 acres was available for pastoral uses, the remainder consisted of ‘rock and mountain’.115 Baynes’ principal use of the arable land was for grazing and growing crops for family use.116

101 Old System Deed Bk. 585 No. 995, NSW Land Registry Services. 102 Old System Purchasers Index, NSW Land Registry Services. 103 The Sydney Mail and New South Wales Advertiser, 5 July 1890, 6. 104 NSW Parliamentary Debates, Legislative Assembly 1890, Vol. 50, 6112. 105 RPA no. 14683, Lodged by Henry James Bell, 21st January 1907. Statutory Declaration by P. Simpson, NSW Land Registry Services 106 RPA no. 14683, lodged by Henry James Bell, 21st January 1907. Statutory Declaration by P. Simpson. NSW Land Registry Services 107 Hall’s mercantile agency, country directory of New South Wales, 1895, State Library, 981/H. 108 Notation on survey of neighbouring Winbourne completed in 1900. Land and Property Information – DP 58854, Sheet 2. As cited in the Davies CMP, 2014. The authors of this report were unable to locate this survey. 109 Nepean Times, 8 June 1901, 8. 110 RPA no. 14683, lodged by Henry James Bell, 21st January 1907, NSW Land Registry Services. 111 Old System Deed Bk. 411 No.35, Old System Deed Bk. 411 No.36, NSW Land Registry Services. 112 953/1880, New South Wales Registry of Births, Deaths and Marriages. 113 ‘Railway from Liverpool to Mulgoa Report’ p.1073. 114 RPA no. 14683, lodged by Henry James Bell, 21st January 1907. Statutory Declaration by Baynes, NSW Land Registry Services. 115 ‘Railway from Liverpool to Mulgoa, Report,’ 1073. 116 ‘Railway from Liverpool to Mulgoa, Report,’ 1073. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 32

Fernhill Estate 3.0 Documentary Evidence

Figure 16. Fernhill landscape and stables, 1906. Figure 17. Baynes and his ten-year-old son, in (Source: Arthur Wigram Allen Photographic Collection) front of the porte-cochere, 1906 (Source: Arthur Wigram Allen, Photographic Collection Vol. 36, Mitchell Library)

Arthur Wigram Allen was a gifted amateur photographer who motored down to Fernhill in January 1906 for lunch. He recorded the visit with a number of photographs now held by the Mitchell Library. These photographs are invaluable in regards to the information conveyed about the early appearance of the house and landscaping of the estate.117 Figure 17 shows the condition of the porte-cochere on the east elevation of the house, which was removed soon after this photograph was taken and a range of trees planted in the surrounding house garden. Allen was married to Ethel Lamb, daughter of Walter Lamb, who had assisted in the transfer of Fernhill’s mortgage from Edward Standish to Humphery and Simpson. On 21 January 1907, Bell applied to bring Fernhill under the provisions of the Real Property Act. The site was surveyed for this application and the area given as 957 acres and 26 perches.118 The new Torrens title was issued on 23 May 1908.119

117 Allen, Arthur Wigram, Photographic Album, Vol. 36, 39-40 PX*D578, Mitchell Library. 118 Old Form Torrens Register Vol. 1878 Fol. 46, NSW Land Registry Services. 119 Old Form Torrens Register Vol. 1878 Fol. 46, NSW Land Registry Services. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 33

Fernhill Estate 3.0 Documentary Evidence

Figure 18. Survey of Fernhill included in Torrens title, Vol. 1878 Fol. 46, issued 23 May 1908. (Source: Historic Lands Record Viewer)

Bell entered into a mortgage to solicitor Alfred Tertins Holdsworth of the Sydney solicitors Holdsworth and Summers on April 14 1908, which was then discharged on June 25 1924.120 From 1924, toward the end of the Baynes’ period of occupancy, the property was under mortgage to the Australian Provincial Assurance Association Ltd.121 Baynes’ wife Annie Augusta acquired ownership of the property in 1924 from Laura Godfrey Bell, the widow of Henry James Bell.122 Baynes and family left Fernhill about 1926, and sold the property in 1930.123

120 Old Form Torrens Register Vol. 1878 Fol. 46, NSW Land Registry Services. 121 Torrens Title Register Vol. 1878 Fol. 46, NSW Land Registry Services. 122 Torrens Title Register Vol. 1878 Fol. 46, NSW Land Registry Services. 123 Torrens Title Register Vol. 3643 Fol. 212, NSW Land Registry Services. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 34

Fernhill Estate 3.0 Documentary Evidence

Figure 19. Fernhill. Note the gravelled edge, the mature Hoop Pine above the house and the Bunya Pine to the right at this time. 1920 (Source: Perrier Collection, State Library of NSW)

3.1.6.3 The Coles The tenancy of Fernhill in the late 1920s is unclear. It was reported in both the Nepean Times and the Camden News in 1926 that Fernhill was bought by a Mrs. M. E. Coles of Sandringham.124 However, there is no record of this sale in the Torrens Purchaser Index, with the title going directly from Annie Augusta Baynes to Hilda Mary Moyes in 1930.125 Whether they did buy the estate, or simply rented it, the Coles left Fernhill and the district in early 1929, auctioning off a large number of belongings, including: 6 Draught Horses and Sulky Mare; 1 Pedigree Trotting Mare; 1 Three-year-old Trotting Gelding; 1 4-furrow McKay Dise Plough; 1 2-furrow Mouldboard Plough; 6 Leaves of Hurrows; Dray Harness; 7 Sets Leading Harness; Sulky Harness Chaffeur; Wheel Barrow; Portable Engine; 2in Centrifugal Pump; 2500 gal. Gal. Iron Tank; 5 Stretcher Beds; 3 Double Beds; 3 Single Beds; 4 Wardrobes; 8 Tables; 22 Chairs; 2 Large Wall Mirrors, 7ft x 4ft 6 in; 2 Polished Tables; Sideboard; Large Dining Table; Bookcase; Washstands; 5 Corner Wardrobes; Drawing-room Suite; Tables; 2 Duchess Chests; Cupboards; Pictures; 5 Seagrass Chairs; Carpets; Chesterfield Suite; Palm Stands; Kitchen Safes; Kitchen Tables; Kitchen Utensils; And a whole lot of sundries126 Later that year a school teacher from Forest Lodge was defrauded out of £1000 by a Mr. Elthered Harold Chandler, who pretended to be the owner of Fernhill. Chandler was tried at the Central Police Station in August 1929.127 This story seems to have even fooled the Nepean Shire Council, with the minutes of the monthly meeting published in November of that year reporting that the Clerk had written to a Mr. Chandler, asking for the particulars of his purchase of the property of Fernhill.128

124 Nepean Times, 20 November 1926, 1; Camden News, 25 November 1926, 2. 125 Torrens Purchaser Index Vol. 3643 Fol. 212, NSW Land Registry Services. 126 Nepean Times, 12 January 1929, 4. 127 The Sun, 21 August 1929, 17. 128 Camden News, 28 November 1929, 1. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 35

Fernhill Estate 3.0 Documentary Evidence

The following excerpt is from a weekly segment in the Sydney Mail in 1937, entitled ‘Roads of To- day, Tales of Yesterday by James and Jane’.129 At this time Fernhill was being used as a boarding house, with the author noting that ‘those who are in charge of it are determined to preserve it’.130 Cedar was used with a lavish hand; even unto the linen cupboards. Some mantelpieces are made from stone quarried in Winbourne, in England; others are of a black Bulgarian marble (sic). The kitchen is in keeping with the grandeur of the house, and big enough to have dealt with the demands of that grandeur. Four fireplaces are ranged along the wall, the ceiling is V-shaped and blackened with the smoke of many fires. Outside we were shown various things of interest, notably the view, which is splendid. In the old days the park must have been a pleasant sight with deer grazing peacefully in pastures green. We saw home-made wire-netting enclosing the huge well which supplied the house, the remains of an old wine press, and a red kurrajong-tree which could be seen from a distance of five miles when in flower. The cellars are tremendous.131 The above visit to Fernhill is representative of broader social changes being experienced in Sydney in the 1920s, with improved transport links and increasing leisure time fostering the development of holiday resorts in places such as the Blue Mountains and the Jenolan Caves. In the Mulgoa Valley, George Cox’s old residence Winbourne operated as a leisure resort until it burnt down in the 1920s, and Henry Cox’s Glenmore was developed as a golf links in the 1930s, becoming the Glenmore Country Club in 1937. The attractions of the valley, which encouraged this development, included its high scenic values and the picturesque old homesteads and church, which were compared favourably with ‘the choicest scenery of England’.132 The area was also readily accessible from Sydney, via the railway to Penrith.

3.1.6.4 The Moyes The property was put to public auction in February 1930.133 The property was transferred to Hilda Mary Moyes (nee Bonner), the wife of George Sydney Moyes of Bellevue Hill.134 The Moyes had married in 1926, and Moyes is described in electoral rolls of the 1930s and 1950s as a grazier resident at Fernhill.135 Throughout the 1930s Fernhill was advertised as a holiday destination, initially for ‘afternoon visits’, often with tea provided, and later as a guest house. An advertisement from 1936 describes the property as ‘The Ideal Resort – electric light, sewerage, hot baths, own farm products, ballroom, tennis, riding (free), shooting, bush walks, golf in district, garage.’136 The first excursion of the Nepean District Historical Society in 1947 was to Fernhill. Members paid 1 shilling each to look over the house, with the profits going to the “Flood for Britain Fund”.137 John Darling’s recollection of the house in the mid-1950s indicates the property and house were poorly managed and maintained under the Moyes. The good work entered into by Baynes, which was recorded by W. Hardy Wilson in 1919, had been gradually falling into ruin. At the time of Darling’s visit to the house in the mid-1950s, the Moyes lived in the eastern-most rooms of the house, leaving the main living rooms and basement vacant and abandoning the southern service wing to errant cattle. Cognisant of the history of the house however, Moyes charged an admission fee of 2 shillings for the visits.138

129 Sydney Mail, 5 May 1937, 43-44. 130 Sydney Mail, 5 May 1937, 44. 131 Sydney Mail, 5 May 1937, 44. 132 Freame, W.H.G. “Mulgoa and the Cox Family”, Press Contributions, Vol.3, p.25 133 Sydney Morning Herald, 22 February 1930, 25 134 Torrens Title Register Vol. 3643 Fol. 212, NSW Land Registry Services 135 Commonwealth Electoral Roll – Macquarie Division – Penrith Polling Place, 1934 & 1938, Macarthur Division – Penrith Polling Place, 1950 and 1955 136 Sydney Morning Herald, 18 April 1936, 7 137 Nepean Times, 25 December 1947, 2 138 Darling pers. comm. 3/03, as cited in Davies CMP, 2014 JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 36

Fernhill Estate 3.0 Documentary Evidence

Figure 20. Fernhill, 1938. Celebrating the centenary of St Thomas’ Church of England. Note the change in the porte- cochere when compared with Figure 17. The porte-cochere and driveway have since been removed. (Source: Penrith City Council)

3.1.6.5 Twentieth century development of the Mulgoa Valley The end of the Second World War in 1945 heralded a new era in the history of Mulgoa Valley, as elsewhere in greater metropolitan Sydney, with the coming of sealed roads, electricity, sewage, and the ever-present pressures of suburban development. The endless march of late-20th century suburban subdivision has not impacted on the Valley around Fernhill, although rural residential development now borders Fernhill to the north and south. On 1 January 1949 Mulgoa Municipality joined with Castlereagh, St. Marys, and Penrith Municipalities to form one large Municipality of Penrith. In the hills above the valley the mammoth engineering enterprise of the Warragamba Dam construction proceeded through the 1950s. The transport of materials and labour necessitated the upgrading of roads and construction of infrastructure. At Fernhill, Mulgoa Road was realigned in 1949, cutting a new route away from St. Thomas’ Church across the south-eastern boundary of the property, eliminating the horseshoe bend at the north-eastern corner of the estate. The Water Board also reserved an easement across the western half of the property in 1953 for the construction of its aerial ropeway used to transport stone aggregate sourced from the Nepean River at Penrith to the Warragamba Dam construction site below Silverdale. The right of easement was released in May 1967. While Warragamba Dam was constructed principally for the metropolitan Sydney water supply, a secondary role was the provision of hydro-electricity. In April 1961, the Electricity Commission of NSW placed an easement adjacent to the Water Board easement and added an electricity transmission line. Prior to 1949 when the Department of Main Roads resumed a portion of the Fernhill Estate for the realignment of Mulgoa Road, St Thomas’ church had been on the grounds of Fernhill. Early maps of the Fernhill grant show the eastern boundary of the property as Mulgoa Creek, now over 300 metres east of the Mulgoa Road alignment. St Thomas’ Road now follows the former path of Mulgoa Road, which was straightened in the realignment, severing the parcel on which the church sits. This has changed the approaches to Fernhill and St Thomas’ Church as well as the perception of the

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 37

Fernhill Estate 3.0 Documentary Evidence relationships between them. The road construction required large areas of fill and new entry points to these properties.

3.1.6.6 John Darling In 1955, Fernhill was purchased for £22,500 by Moorilla Pty Ltd,139 a company that came to own the Fernhill Pastoral Company. Both companies were owned by John Darling. Darling (1923-2015) was a ‘World War II fighter pilot, a banker, a director of resources companies, an accomplished international agri-business pioneer and an Australian film industry visionary.’140 He was a member of a prominent Victorian flour milling family, John Darling and Son, and at the time of the Fernhill acquisition was an influential merchant banker in Sydney. Darling was well connected with Sydney’s business community and his association with, and vision for, Fernhill was noted in the establishment periodical The Bulletin in 1958.141 The Darlings’ restoration of Fernhill commenced in the late 1950s, with the architectural work being undertaken by the architectural practice Peddle Thorp and Walker. Riddled with white ants, and evidently with its roof having been exposed to the elements for some time, most of the floor structure and the ceiling linings and structure were replaced. The electricity service was upgraded and a sewage service was installed for the first time.142 The initial phase of this restoration work was completed in early 1963, partially using materials recovered from historic nineteenth century buildings demolished around Sydney at this time. One source of materials was the old Goldsborough Mort wool store at Circular Quay, which Peddle Thorp and Walker were redeveloping for the AMP office tower. It is likely that the present floor structure was recovered from the woolstores. Another source was the old Union Club building, formerly part of the townhouse of Robert Campbell, located in Bligh Street.143 When the Darlings moved into Fernhill there was a timber structure supporting the reflection pool along the driveway, and the only dams were the reflecting pool and another in the north-east corner of the property. The house garden had almost completely disappeared with only a few mature trees remaining, the northern driveway was used in preference to the southern or main driveway, and direct view lines existed from Fernhill to St Thomas’ Church and Rectory.144 In the late 1950s the Darlings built several new dams on the property for spray irrigation, the driveway entry was realigned from the new Mulgoa Road alignment, and shade trees were planted along the northern drive, along Mulgoa Road and in clusters throughout the property, but particularly to the east.

139 Torrens Title Register Vol. 4423 Fol. 49, NSW Land Registry Services; Sydney Morning Herald, 28 September 1991 140 Sydney Morning Herald, “John Darling: Former World War II ace mentored many in business”, 21 January 2016 141 David Adams, “A View from Fern Hill”, The Bulletin 10 December 1958, 14 142 Sydney Morning Herald, 5 October 1980 143 “Fernhill”, Office of Environment and Heritage, https://www.environment.nsw.gov.au/heritageapp/ViewHeritageItemDetails.aspx?ID=5045436 144 Darling pers. comm. 2003, as cited in Davies CMP, 2014. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 38

Fernhill Estate 3.0 Documentary Evidence

Figure 21. Plan of alterations to west wings of house. The work included adding an ensuite bathroom and hall to the east bedrooms, internal alterations to the south rear wing, adding a bathroom to the north rear wing and removing an external laundry addition, 1958. (Source: PTW Architects, Drawing No. 5527/7)

In the early 1960s, D. Hanly, L. Robertson, J. Hodges and R. Clinton from the School of Architecture at the University of New South Wales visited Fernhill and undertook a detailed study.145 The study included contemporary photographs, detailed drawings and plans, as well as descriptions of the house’s condition and history. Several photographs and plans from this study assist in understanding what the landscape and house looked like at that time. Aspects to note from the study include: • the porte-cochere and carriage loop were present on the east elevation; • the location of the underground water reservoir off the west elevation was evident without its present concrete cover; • there is a lack of formal gardens east, south and north of the house; • a kitchen garden is present west of the internal courtyard; • there are some very substantial trees around the house; • there is a clear fence line extending from the rear of the house to the stables; • rooms in the south wing were separate servant’s rooms with access from the verandah; • there is a detached cesspit west of the servant’s wing, now built over with the laundry; • the kitchen was located in the north wing; • the master bedroom was much smaller than it is today, the original sitting room being divided into two bedrooms; • the coal chute remained open with access to two separate basement areas;

145 Hanly et al. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 39

Fernhill Estate 3.0 Documentary Evidence

• the guest bedroom was only accessed off the northern verandah; • the nurse’s bedroom was located between the children’s bedrooms. These rooms all faced the north service verandah with its then open coal chute; • the dining room had internal walls to form a scullery and linen cupboard; • in the basement the only rooms that were paved were the two wine cellars and three kitchen cellars with the rest of the rooms having a dirt or gravel floor; • the laundry was located in the externally accessed north-west corner of the basement; • the buildings had corrugated iron roofs; • above the verandah on the north elevation of the house there appears to have been panelling and vents. This is now a flat roof; • the stone bridges were intact to their original form; and • the reflecting pool along the driveway (far south of house) was an original element with other water bodies being added at a later date.

The study146 also noted that: • all the old light fittings in the house were gas lit, • the original entrance location off Mulgoa Road (north of current main entrance) was not apparent due to the gradual disappearance of the stone gates and the relocation of the road entry point due to road works; • the south façade of the house was entirely visible when you travel over the stone bridges using the main driveway; • the driveway continued up the slope parallel to the house ending in a loop outside the entrance portico; • the building occupies 9,816 square feet (912 square metres); the ceiling height in the Lobby, Ballroom, Master Bedroom and Guest Room is 16 feet (4.9 metres); the ceiling height in the two small bedrooms is 10 feet (3 metres); • the stone is local Hawkesbury sandstone; • the meat and general food stores were below the storeroom and pantry; • the stone walls vary in width from 2 feet (0.6 metres) to 2 feet 6 inches (0.8 metres) generally to 9 feet (2.7 metres) thick in the children’s bedrooms with 1½ feet (0.5 metres) thick sand and lime plaster; • the internal floors were either stone flagging or ironbark timber roughly hewn into 5” wide boards that created an uneven surface; • ceilings in the house proper were lath and plaster and cornice and ceiling decorations were made from papier-mâché in oakleaf and acorn pattern and placed in position in sections then finely gilded and coloured to suit each room; • the roof was originally timber shingles. • there were finely crafted internal shutters in the main part of the house; • a symmetrical effect in the rooms such as a false door in the Ballroom to match the existing door into the Drawing Room; • an unusual doorway existed from the Drawing Room to the Hall; • the original system of bells that connected various rooms with the butler’s pantry that was connected with wires and pulleys under the floor;

146 Hanly et al. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 40

Fernhill Estate 3.0 Documentary Evidence

• heavily panelled doorways in the main part of the house in cedar with elaborate architraves and pediments; • differently designed skirtings in each main room, cedar stained and varnished in the ballroom and painted elsewhere; and • a 45 500-gallon (170 000 litre) rainwater reservoir at the rear of the house.

Figure 22. Fernhill, 1961 (Source: National Archives of Figure 23. Fernhill, 1961. (Source: National Archives of Australia, Image No. A1200:L39776) Australia, Image No, A1200:L39792)

In 1966 Fernhill Estate was subdivided into two allotments: Lot 1 of 926 acres, and Lot 2, a 25-acre curtilage around the house and the northern right of way from Mulgoa Road. The Title for Lot 2 of DP 541825 was issued to Darling in September 1970. The Darling years brought commercial development to Fernhill. In 1957 the ‘largest and most up-to- date single-bird cage plant in the Commonwealth’ opened on the property, run by the Fernhill Pastoral Company.147 A wholesale and retail plant nursery, a piggery, and a stonemason’s yard operated by Stonehill Pty Ltd was also established. The chicken hatchery was converted to a nursery in the 1970s. Darling ran 370 head of Poll Hereford cattle, and maintained a wildlife breeding program for albino kangaroos as well as a wildlife sanctuary. Stonehill was managed by Stan Hellyer and John Darling. During the late 1970s and early 1980s, Stonehill was engaged on a number of prominent restoration projects such as Elizabeth Bay House, Hartley Court House, and Cooma Cottage, as well as work at Fernhill.148

Sorensen’s Gardens at Fernhill The grounds of Fernhill were substantially altered from 1969 under the direction of Blue Mountains landscape architect Paul Sorensen. Sorensen has been described as ‘a man dedicated to improving the aesthetic quality of the environment around him.’149 Sorensen was trained in his homeland of Denmark and elsewhere in Europe. He arrived in Australia in 1915 and began his nursery and garden design business based in Leura. He was to become one of the most respected and well-known garden designers for much of the later 20th century in NSW with well-known gardens including Everglades at Leura and extensive work for the Hoskins family of BHP renown in the Southern Highlands. His designs were based on interpretations of the English landscape movement and European Modernism maximising site features and creating outdoor rooms defined by the use of

147 The Biz, 8 May 1957, 1. 148 Darling Submission to Penrith Council 10/4/1978, as cited in Davies CMP, 2014. 149 Ratcliffe, Sorensen, 7. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 41

Fernhill Estate 3.0 Documentary Evidence large trees and shrubs or with walls and changes in levels.150 A wide variety of larger trees and shrubs were used, mainly of a European cultural form with the smaller plants to the client discretion. Trees and large shrubs were seen by Sorensen as the most important element of a garden, and were placed to create a feeling of mystery of what was behind them and the feeling of enclosure and shelter. He used mostly exotic plants, both deciduous and coniferous, but also native plants - the choice depended on “what species he considered the most appropriate for the use to which it was being put”.151 Large-scale garden beds were never intended to be permanent features in Sorensen’s designs, as he knew over time tree planting would overshadow them. Sorensen aimed to create a final landscape that would have different qualities of beauty at different times in its development, with planned continuity of change.152 Sorensen’s paving was rarely formal in design, apart from the entrance to a house, which were usually stone, occasionally brick, and further away from the house often grass or bare earth. The driveway varied in his work from being of minor visual importance to in several gardens being a central feature as seen at Everglades, Gleniffer Brae, Invergowrie and Mahratta. He took advantage of existing site features, such as the preservation of interesting landforms or trees and often salvaged rock and other material for reuse in the development of a garden. His rule was to respect what was already on the site, both the natural and man-made qualities, and to make the location a desirable one in which to live. Views to the surrounding landscape were incorporated into his designs. Most of his walls were built in stone, but some were brick.153 Sorensen always recommended the simplest type of wire fencing so that the view out of the garden was in no way impeded, as the countryside was an important part of the garden. However, he also used to mark the entrance to the property with some form of walling, normally in stone so that significance was given to the arrival in the garden.154 When Sorensen started working on the garden at Fernhill the broad open landscape that characterised Fernhill was evident with limited numbers of mature trees located around the house, specifically adjacent to the rear portion of the house to the north and south and included two jacaranda trees, one bunya pine, a few smaller trees and some agapanthus. The landscape close to the house included various farm structures, tank stands, and castor oil bushes and dead wattles. Sorensen provided a level lawn around the house, a concept that appears to have been central to his design of the garden. This required the construction of retaining walls with extensive fill, which in turn required re-planning the carriage loop which was buried in the process of levelling. The carriage loop was replaced with a car court hidden below the retaining wall with an approach stair arriving at the lawn level near a grove of Chinese elms (Ulmus parvifolia) at the end of the large pergola.155 Elsewhere in the grounds he planted willows amongst other specimen trees. The levelling of the landscape around the house at Fernhill to create a series of raised and ‘dug-in’ platforms and features fundamentally changed the character of the setting from colonial to a more contemporary character, and removed most of the gradual views to the house from the broader landscape while retaining the broader panoramic views to the Mulgoa valley and beyond. Sorensen located pergolas at several locations around the house using different designs. These were used to frame views, or to divide or enclose areas, rather than just supporting vines. At Fernhill, Doric order sandstone columns from the demolished Union Club in Bligh Street Sydney were used for the northern pergola with added refinement given by the shaping of the ends of the timbers to a detail sympathetic to the Georgian architecture of the house.156 This pergola was covered with flowering White Chinese Wisteria (Wisteria sinensis ‘Alba’). It is situated at the northern edge of the north lawn and encloses the area from the access drive beyond. This lawn area was also raised with a substantial stone retaining wall running east west with the

150 Richard Ratcliffe in R. Aitken and M. Looker, eds The Oxford Companion to Australian Gardens, (South Melbourne: Oxford University Press in association with the Australian Garden History Society, 2002) 559. 151 Ratcliffe, Sorensen, 12. 152 Ratcliffe, Sorensen, 13. 153 Ratcliffe, Sorensen, 12-14, 145. 154 Ratcliffe, Sorensen, 148. 155 Ratcliffe, Sorensen, 105. 156 Ratcliffe, Sorensen, 147. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 42

Fernhill Estate 3.0 Documentary Evidence service drive set below the new ground level and out of site from the garden. A wide bed of mixed plantings of perennials and shrubs, including camellias and azaleas, forms a backdrop to the pergola when viewed from the house. A second pergola is located in the southern garden area separating the tennis court from the house. It is of timber construction but does not appear on the Ratcliffe period drawings suggesting it was added either later by Sorensen or after his involvement on the property. The development of Fernhill’s garden included a swimming pool, which was situated on a sunken terrace so that views from the house remained unimpeded and hidden from the house. The pool is concealed from the house by a balustraded wall and shrub planting. The pool house is set below the adjoining upper terrace, the paved roof providing a viewing area from the side of the tennis court.157 The rose garden at Fernhill, to the west of the northern lawn, is formal in its layout. Sorensen created similar gardens at Rannock, south of Orange. This garden is screened by tall hedges of star jasmine (Trachelospermum jasminoides) with the entrance arched with yellow Banksia rose. The tennis court, which probably dates to Baynes’ occupation, was re-laid and screened by star jasmine and banksias rose during the Andersons development of the property. Terracing or walled enclosures, like those used at Fernhill, were a European tradition used to protect sensitive plants. Balustrades and stairs were used to accentuate changes of level, such as at the south, west and south east of the house. Retaining walls or stairs often had axial arrangements to the house.158 The 1830s stables were partially converted to form a flat. A covered carport was added east of the stables and a small billiard room (since demolished) was constructed to the north. Sorensen’s design included a lake or reflecting pond to the east of the house, which included an island. This may have been suggested by Angela Darling.159 It is not clear historically but it appears the present summer house and bridge were later additions by Anderson (after Radcliffe’s 1990 drawing), however a 1979 aerial photograph indicates a simple bridge connecting to the island. Summerhouses were a popular feature for gardens since the 19th century.160 Sorensen’s landscape works significantly changed the relationship of the house to its landscape by setting the house on a levelled platform with steep greened banks, stone retaining walls and other built landscape elements. The once open pastoral views to the north and south were impacted by these works, views to the east were partially retained but the introduction of the pond and the changes to the land formation changed the relationship of the house and its approach. Apart from selective replanting of eucalypts to the east of the house, the broader landscape beyond the house garden did not alter substantially from the 1960s to 1970s. Around this time in some of the surrounding areas to Fernhill Estate changes to land use and land ownership saw ongoing land clearance and regrowth.

Philip Cox’s 1972 visit Fernhill was one of several homesteads featured by Philip Cox in a book published in 1972 on colonial properties. Cox described the gardens in 1972 as “restrained” with the carriageway at the entrance removed giving way to a broad lawn and stone flagged terrace. A clump of Chinese elms had been planted at the side of the house, providing an entry into the newly formed garden which was screened to the north by a pergola. Wisteria and other sweet-smelling vines had been planted around the house.161 Cox further described the view from the verandah and principal rooms to the tower of St Thomas’ Church to the east, which is reminiscent of landscapes by Humphrey Repton and ‘Capability’ Brown, when towers of churches were used as romantic elements in the landscape during the 18th century

157 Ratcliffe, Sorensen, 106 158 Howard Tanner, ‘Walls and Walled Gardens’ in R. Aitken and M. Looker, eds The Oxford Companion to Australian Gardens, (South Melbourne: Oxford University Press in association with the Australian Garden History Society, 2002) 626 159 James Broadbent conversation with Jennifer Preston, 10 May 2019. 160 Tanner and Begg, Great Gardens, 33 161 Cox, Australian Homestead, 138 JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 43

Fernhill Estate 3.0 Documentary Evidence in England. The Darlings preserved some of the romance of the colonial garden, such as oranges and olives, and the newly created rose garden, which included verbena, roses, larkspur and hollyhocks. In 1972 Cox’s Cottage was in ruins, but still surrounded by Chinese elms that had been part of their formal gardens. By July 1970 the carriage loop east of the house had been removed and the Sorensen parking area, stone walls and plantings had been added. The lawn had been levelled and terraced and a looped rear drive had been built to connect to the rear wing of the house. The Sorensen garage had been built to the rear of the house and the rose garden, terraces and stone entry stairs had also been constructed. There were further out-buildings north-west of the house than can be seen in a 1961 aerial photograph of the site. The timber pergola was constructed by this stage north of the house and it appeared that works are underway south of the house with minimal plantings in this area. There were two other unknown buildings north of the house and stables accessed off the road that by this stage provided access to the rear wings of the house. During the Darlings’ ownership, the house was filled with furniture appropriate to the scale and age of the house, such as the Chinese lacquer barrel chest and the 18th century bureau. The Darlings carefully restored the ceilings of the two major bedrooms, the first of which contains a ceiling rose with a lyrebird tail motif and the second of which contains a cornice comprising Greek Anthemion ornaments approximately 6 inches (15 centimetres) high and 3 inches (7.5 centimetres) wide.162 Cox notes that a “fleeting glimpse of the house from the road and wheeling into the driveway, the house on the hill can be seen”.163 He also observes that the original drive to Fernhill was through an avenue of rough-barked apple gums (Angophora flori-bunda) and broad-leaved apple gums (A. subvelutina), which lined the winding driveway through the property across stone bridges and gullies.164 At the time a fountain sat in the centre of the entrance hall. External and internal shutters were on the house, as described by Cox in 1972. “The ceiling of the ballroom was painted a soft steel blue with plaster cornices and mouldings gilded to pick up reflected light. Beneath the main house are cellars that are approached by a flight of stairs on the northern verandah. These stairs lead under the stone vaulted roof of the bedrooms, which may have been constructed to take a future load for a second storey. A second cellar exists under the old kitchen wing, now used for bedrooms, which is adjacent to the ashlar stonework reservoir, said to have been constructed by convicts.165 In her 1974 book, Colonial Houses, Rachel Roxburgh described the house as having originally been approached by a drive with the eastern elevation having classical severity. She noted that the house has a foundation of three ‘sparrow-picked’ courses with one course of ‘combing’ that is finely jointed. The garden elevation has a little round pointed roof that does ‘not match the dignity of the magnificent colonnade below.’166

162 Cox, Australian Homestead, 136 163 Cox, Australian Homestead, 130 164 Cox, Australian Homestead, 130 165 Davies CMP, 2014 166 Roxburgh, Colonial Houses, 243 JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 44

Fernhill Estate 3.0 Documentary Evidence

Figure 24. The entrance (east) façade at Fernhill. (Source: Cox, Australian Homestead, 131)

Figure 25. South verandah of the house (Source: Cox, Australian Homestead, 133)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 45

Fernhill Estate 3.0 Documentary Evidence

Figure 26. The west of the house (Source: Cox, Australian Homestead, 137)

Figure 27. Interior of sitting room (Source: Cox, Australian Homestead, 135)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 46

Fernhill Estate 3.0 Documentary Evidence

Figure 28. Rear (west) service courtyard (Source: Figure 29. Detail of verandah on south elevation (Source: Cox, Australian Homestead, 136) Roxburgh, Colonial Houses, 247)

Figure 30. Fernhill, 1975. South-east view of house showing the porte-cochere removed from eastern facade; (Source: Roxburgh, Colonial Houses, 244)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 47

Fernhill Estate 3.0 Documentary Evidence

Figure 31. Main entrance hall. The basin is believed to have been originally located in the bay window of the Drawing Room (Ballroom).167 It was possibly made of artificial stone. Its current location is unknown. (Source: Cox, Australian Homestead, 139)

167 James Broadbent in discussion with Jennifer Preston, 10 May 2019. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 48

Fernhill Estate 3.0 Documentary Evidence

Figure 32. Cellars in basement (Source: Roxburgh, Colonial Houses, 245)

Figure 33. Ballroom (Source: Roxburgh, Colonial Houses, 248)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 49

Fernhill Estate 3.0 Documentary Evidence

Figure 34. Wall joinery detail plan (Source: Roxburgh Figure 35. Window joinery detail elevation (Source: 1975: 249) Roxburgh 1975: 249

Figure 36. Detail door elevation joinery of interior Figure 37. Detail door elevation joinery of interior (Source: Roxburgh 1975:250) (Source: Roxburgh 1975:250)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 50

Fernhill Estate 3.0 Documentary Evidence

Figure 38. Detail elevation – fireplace joinery (Source: Roxburgh 1975: 251)

Figure 39. Detail elevation – fireplace joinery, master bedroom (Source: Roxburgh 1975: 251)

Figure 40. Detail elevation of internal joinery (Source: Roxburgh 1975: 251)

3.1.6.7 The beginnings of heritage protections Statutory measures to protect the heritage values of Fernhill had been inaugurated relatively early through the gazettal in 1960 of about 6 acres round the house and the northern (back) drive to the City of Penrith Planning Scheme Ordinance.168 This gazette followed the proclamation of Fernhill by the Cumberland County Council as a place of historical interest. With the passing of the NSW Heritage Act in 1977, statutory protection of places of heritage significance came within the control of the state government under the administration of the NSW Heritage Council. The Council soon considered the significance of Fernhill and placed Interim Conservation Order No. 44 on the eastern half of the property in December 1978.

168 New South Wales Government Gazette, 30 September 1960, 3082-3083 JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 51

Fernhill Estate 3.0 Documentary Evidence

This was followed by Permanent Conservation Order No. 54 in July 1981 over the whole property. This gazettal was followed up with the commissioning in 1982 of a heritage study of the Mulgoa Valley, as part of the preparation of a regional environmental plan, subsequently gazetted in 1987 (REP 13). In the late 1970s, the Darlings devised a scheme for the partial subdivision of Fernhill. The Penrith Council Planning Scheme of that time had a minimum lot size of 40 acres for Fernhill. The Darlings considered these measures too restrictive and, in 1978, proposed an alternative method of subdivision. The proposal related to the southeast corner of the estate, close to Mulgoa Road. It was based on the relocation of 40 historical buildings from elsewhere, to the subject portion of the estate, which would then be developed into a historic settlement. It is understood that the Darlings were inspired by places such as Colonial Williamsburg, Virginia, in the USA. One key difference is that Williamsburg is authentic, with its built fabric preserved to reflect the history of the one-time capital of Virginia. The proposal for Fernhill did not proceed. In 1979, the Darlings were able to subdivide 49.88 hectares to the north-east of the estate from the 374.9 hectares that the site area totalled at the time. The heritage significance of Fernhill was already recognized, so proposals for subdivision were problematic for statutory authorities. The Darlings’ proprietorship of Fernhill ended in 1980 and during this quarter of a century they endeavoured to return Fernhill to “its former glory” with the aim of “leaving something for the nation”.169 It is not clear from the available records whether the works undertaken by the Darlings were undertaken with or without approval. It is likely that the various buildings were added through an approval process but very unlikely that the changes to the garden and estate required consent. Consequently, there are few records, apart from the drawings of the bathroom addition provided by PTW architects. It is also noted that while the property was owned by the Darlings it was not subject to a permanent conservation order. That was gazetted on 3 July 1981.

3.1.6.8 Warren Perry Anderson Fernhill was purchased in September 1980 by Owston Nominees No. 2 Pty. Ltd., of which Warren Anderson was a director. The sale price, $2.8 million, was considered an Australian record for a property of that size at that time. Warren Perry Anderson was a West Australian-born property developer who relocated to Sydney in 1978. Anderson’s wealth was generated through his company New World Developments Pty Ltd which consolidated Coles’ New World shopping centre sites.170 Anderson also acquired Glenmore Country Club, which is centred on Henry Cox’s Glenmore estate, in 1981, as well as the Albert family’s Boomerang at Elizabeth Bay in 1985, and Sir Frederick Sutton’s 50,000 hectare Tipperary pastoral stations in the Northern Territory.171 Both Fernhill and Boomerang were placed on the market in September 1991.172 Fernhill was retained by the Andersons; however they were evicted from Boomerang in 1993.173 In 1981 Owston Nominees No. 2 Pty. Ltd subdivided Lot 1 in DP 541825, which became Lots 10 and 11 in DP 615085. Lot 10 comprises 374.7 hectares (926 acres) and Lot 11 comprises 49.5 hectares (122 acres). A small area of Cox’s early landholding was alienated at this time on the corner of Mulgoa and Mayfair Roads, which was retained by Darling for his Fernhill Nurseries.174 Warren and Cheryl Anderson elected to live at Fernhill. Their involvement at Fernhill followed the pattern set by the Darlings with ongoing development and modification of the house and grounds. In many instances, the Andersons retained the services of the Darling’s contractors and consultants such as Sorensen and Stan Hellyer. Paul Sorensen died on 12 September 1983 so it is likely that work undertaken for the Andersons at Fernhill were at least in part by his son.175 Works on the site

169 Sydney Morning Herald, 5 October 1980 170 Australian Financial Review, 17 June 1980 171 Davies CMP, 2014, 68; Sydney Morning Herald, 12 August 1991 172 Sydney Morning Herald, 28 September 1991; 173 “Fernhill: Warren Anderson’s house of trouble”, Australian Financial Review, https://www.afr.com/lifestyle/arts-and- entertainment/fernhill-warren-andersons-house-of-trouble-20131108-iyx0d 174 Torrens Title Register Vol. 14490 Fol. 187, NSW Land Registry Services 175 Colleen Morris, 'Sorensen, Paul Edwin Bielenberg (1891–1983)', Australian Dictionary of Biography, National Centre of Biography, Australian National University, http://adb.anu.edu.au/biography/sorensen-paul-edwin-bielenberg-15730/text26918, published first in hardcopy 2012, accessed online 16 May 2019. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 52

Fernhill Estate 3.0 Documentary Evidence by Sorensen after 1980 include the installation of an ornamental lake with an island east of the house, the terraced approach to the courtyard at the rear (west) of the house, and the transplanting of an ancient Magnolia grandiflora from Sydney into the garden. The Magnolia was severely pruned to reduce its leaf area, planted in compost and sprayed for over a year with liquid fertiliser that irrigated throughout the tree and controlled by a timer so that all parts of the tree were kept supplied.176 Within the first decade of the Andersons’ ownership, the principal interiors of the house were redecorated and new buildings were constructed. A manager’s residence was constructed north of the house in 1981 on the site of a former poultry shed. A saddlery with guest and games rooms was completed in 1983 north of the 1830s stables, which was formerly the location of Darlings’ billiard room. The residence and saddlery were built in sandstone with slate roofs by Stonehill Pty Ltd. The 1830s stables were renovated again, for extra accommodation. A hay shed constructed of stone with a copper roof was constructed along the northern driveway.177 There is no record of any of these works being approved. The Andersons constructed a hallway across the rear of the coal chute to interconnect the cellars and roofed the coal chute. Prior to the 1980s the two cellars were separately accessed and had common access to the coal chute on the northern verandah. The tennis court was re-laid in loam, the general ground level west of the house was raised, and the termination of the access driveway near the house was re-arranged. The grounds were also altered with landscaping around the house, and the erection of stonewalls, post and rail fences and pine windbreaks throughout the eastern half of the estate. Various groves of trees were planted around the house. The stone-faced reinforced concrete wall that runs beside the entire length of the southern driveway up to the house and around other access roads on the property was a large undertaking. The stone-faced entrance piers were placed on Mulgoa Road and paddock fencing was established west of the house from 1981. The timber piles in the original reflecting pool along the southern driveway were replaced with a sandstone retaining wall using stone from demolished buildings. Other works undertaken by the Andersons apparently without approval in the early 1980s include the excavation and rebuilding of the collapsed eastern abutments of the two bridges and the reconstruction of the western abutment in reinforced concrete. A machinery shed was constructed west of the house, as were several sandstone loose boxes in the horse paddocks. Timber post and rail fencing was constructed to the horse paddocks and the whole eastern slope of the property. To the far west of the house a complex of workshops and bird aviaries were constructed, which removed a number of sheds and other structures including a 1950s piggery complex. The dammed lake north of the house was enlarged, as was the lake in the far northeast area of the property. A new dam was constructed on the western hilly section of the property. A high cyclone-type fence was constructed for the deer enclosures. A new 21 stall stable block, mating shed, lunging ring, sand roll and residence and a two-kilometre racetrack were completed by 1983. The railing to the racetrack was painted white in order to comply with the standards necessary for its use as a competitive track. Additional land was acquired to the north, west and south of the estate, enlarging the landholdings of Owston Nominees from 404 hectares to 704 hectares in the early 1980s.178 In 1984, Lots 10 and 11 of DP 615085 of Fernhill were issued to Owston Nominees Pty Ltd. In 1987 the Heritage Council commenced legal proceedings against the owner’s substantial unapproved works undertaken on the property. The additions and alterations undertaken at Fernhill by the Andersons further changed the relationship of the house and the broader landscape. The views to the church and cottage to the east had disappeared by the mid-1980s through regrowth, new landscape and site changes. The broader landscape changed from a largely ‘park-like’ open landscape to an enclosed and planted landscape. Re-vegetation around the property since the 1980s has further obscured the park-like grounds and strong visual connections that formerly existed.

176 Ratcliffe, Sorensen, 106, 148 177 Davies CMP, 2005, 77 178 Sydney Morning Herald, 28 September 1991 JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 53

Fernhill Estate 3.0 Documentary Evidence

Aerial photographs of Fernhill Estate in 1986 show substantial landscaping works that were undertaken between 1980 and 1986, including the stables complex and racetrack, stone wall leading from Mulgoa Road up the driveway to the house, pond north of the house and new yards and associated timber fencing, mostly west of the house. The orchards were planted by this stage north of the trades’ road. The chicken hatchery had been removed by 1986 and an aviary and other brick farm buildings established north-west of the house. When Richard Ratcliffe wrote about Paul Sorensen in 1990, he noted that the design of Fernhill’s garden was extant and more or less unaltered. The aerial view of the house and garden around Fernhill Estate in 1994 shows the extent of changes by the Andersons during their period of ownership and occupation, with the landscape features by Sorensen still evident amount the new buildings. By October 1998 the pines around the lake north of the house were quite established and more trees had been planted south of the house in the enclosed garden. Fernhill was listed on the State Heritage Register (SHR) on 2 April 1999. In December 2001 bushfires extensively damaged Fernhill Estate. A number of outbuildings including the aviaries, workshops sheds, the winery, a slab cottage near Mulgoa Road (the former Mulgoa Post Office) along with landscape elements and timber fencing were destroyed. Most of these items have not been repaired or replaced. In November 2002 the Approvals Committee of the Heritage Council of NSW considered a request for “in-principle agreement to prepare a CMP, Heritage Agreement and supporting studies to determine appropriate use of the land to the west of the property’s bush ridgeline and land adjacent to Mulgoa Primary School and to provide an income stream to fund ongoing conservation of Fernhill”.179 They gave in-principle support to the preparation of a CMP a heritage agreement requiring this as a pre-requisite of any development proposal and informing Penrith Council of the same. In December 2002 Penrith City Council supported the ‘in-principle’ proposal to prepare a CMP and a Heritage Agreement for Fernhill ‘to ensure the effective long-term conservation, management and maintenance of the property’.180 Paul Davies Pty Ltd prepared a CMP for Fernhill in 2005 that addressed the whole of the land holding. It was included with other environmental reports in a study for Penrith City Council. In October 2007 the property owner officially requested an amendment of the state listed boundary to Fernhill, which required assessment by the NSW Heritage Branch. This curtilage amendment was deferred as the Heritage Council was assessing priority thematic listings to the SHR. After a change in the Anderson’s situation and a large auction of the domestic contents of Fernhill homestead, the management of the property changed and receivers were appointed to sell the estate. The Anderson’s collection was auctioned in 2010 by the receivers, Owston, hence the name ‘The Owston Collection’.181 An article in the Sydney Morning Herald gave details of the auction.182 As part of that process a revised planning exercise and conservation plan were prepared by Urbis to again consider development around the Estate. The 2010 CMP, which was based on the 2005 CMP, restricted its assessment to the SHR listed property. Around this period Penrith Council prepared a new LEP that superseded the earlier LEP and SREP 13 for the Mulgoa Valley. The LEP was gazetted in 2010 and is now the local planning instrument that affects the site. This change did not affect the currently SHR listed part of the holding, but the new LEP included a number of properties as heritage items in relation to Fernhill, they are designated as ‘Curtilage of Fernhill’. These properties include: 1147-1187 Mulgoa Road and 10-156 Mayfair Road Mulgoa. A proposal was made in 2017 to rezone 1147-1175 and 1177-1187 Mulgoa Road to zone RU5 Village and to amend the minimum lot sizes, but this was denied on the grounds that the proposal did not demonstrate sufficient strategic merit.

179 “4.2 Fernhill, Mulgoa – CMP and future management/development”, Minutes of the Heritage Council Approval Committee, 6 November 2002 180 “Policy Review Committee”, Penrith City Council Business Paper, 16 December 2002 181 Bonham’s, ‘The Owston Collection’, https://www.bonhams.com/auctions/17688/ 182 Anne Davies, ‘Under the hammer, the Anderson antiquities,’ Sydney Morning Herald, April 24 2010, https://www.smh.com.au/entertainment/art-and-design/under-the-hammer-the-anderson-antiquities-20100423-tj6t.html JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 54

Fernhill Estate 3.0 Documentary Evidence

Around 2010 a development application was submitted to Penrith Council to develop a primary school on part of the St Thomas Church lands to the east of Fernhill. The St Thomas site had been sold by the Anglican Church some years earlier to the Anglican Schools Corporation with ongoing use rights of the church. Penrith Council refused the application and the matter was determined by the Land and Environment Court through an appeal. The Court in determining the appeal considered in detail the relationship between the church site, Fernhill and Cox’s Cottage as their visual links through views and vistas was a key argument put forward by Council for not allowing the school development. The Court determined that the historic relationship between the properties through views and vistas across a colonial landscape had once existed but was no longer extant and that much of the regrowth was on land that was beyond the control of the school. Penrith Council strongly argued, with some success, for the importance of the Cumberland Plain regrowth areas and these areas were protected in the Court decision.

Figure 41. Fernhill Estate, c. 2000. Stables complex Figure 42. Fernhill Estate, c. 2000. Pond and sandstone and race track, designed and built by the Andersons in wall and 1980s stables complex. Looking north. (Source the early 1980s. Looking south. (Source: Davies CMP, Davies CMP, 2014) 2014)

Figure 43. Terraced garden west of house, designed by Figure 44. Rose Garden, designed by Sorensen. Looking Sorensen. Looking north. (Source: Davies CMP, 2014) south. (Source: Davies CMP, 2014) 2014)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 55

Fernhill Estate 3.0 Documentary Evidence

Figure 45. Reflecting pond, designed by Sorensen; Figure 46. G07, Kitchen, formerly 3 servants’ rooms. timber bridge and summerhouse apparently designed by Looking west. (Source: Davies CMP, 2014) the Andersons and brought from England. Looking south (Source: Davies CMP, 2014)

Figure 47. Aerial view of house looking east towards Mulgoa (Source: Davies CMP, 2014)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 56

Fernhill Estate 3.0 Documentary Evidence

Figure 48. G04, Ballroom, looking south towards Figure 49. G12, Master Bedroom, originally 2 bedrooms. garden. Curtains and other decorations by Barry Burn; Looking north. (Source: Davies CMP, 2014) (Source: Davies CMP, 2014)

Figure 50. G03, Drawing Room. Looking south towards Garden. (Source: Davies CMP, 2014)

Figure 51. G02, Second Entry Hall. Looking east towards front door. (Source: Davies CMP, 2014)

The combination of the Mulgoa Road re-alignment with its embankments and cuttings, changes in the landscape form and the dense re-vegetation of Cumberland Plain Woodland in particular has obscured most of the early views and vistas that existed until the early 1950s. With different ownership of the church lands, Fernhill and the public road reserve, in combination with agreements for BioBanking and Penrith Council’s position (as set out in the appeal over the school development) on the importance of natural vegetation there now appears to be little potential to recover the colonial JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 57

Fernhill Estate 3.0 Documentary Evidence views and the seamless landscape link between the church and Fernhill. The Land and Environment Court decision is of importance in considering the value of views and vistas in relation to Fernhill.183 The Court approved the school development with conditions, including protection of the woodland areas of the site, and it was scheduled to commence in 2013-14.

3.1.6.9 The Tripp family In late 2012 the Tripp family took out an option to acquire Fernhill with the receivers retaining ownership and an interest in relation to development of lands outside the heritage curtilage. The Tripps undertook maintenance and conservation works that included the creation of BioBanking agreements over considerable portions of the Fernhill lands. Works to the original stables building undertaken in 2013 included:184 • removing vegetation away from the building and build-up of soil at the base of external walls • removing leaf litter on the roof and in gutters and downpipes, and sealing (where required) to prevent water penetration around fixings • inspecting and repairing valleys, flashings and cappings, including roof tiles to ensure the building is waterproofed • new guttering and downpipe to replace damaged sections • repair of the eastern verandah structure where posts had failed • repairing (and replacing only if repairs are not possible) the damaged single leaf door to the saddlery • inspecting the existing surface/subsoil drainage system.

Works to the house undertaken in 2013 included: • removing vegetation away from the building and build-up of soil at the base of external walls • removing leaf litter on the roof and in gutters and downpipes, and sealing to prevent water penetration around fixings • inspecting and repairing valleys, flashings and cappings, including roof tiles to ensure the building is waterproofed • new guttering and downpipe to replace damaged sections • removing and/or replacing intrusive equipment in basement rooms B11 and B12 • investigating damp issues to sandstone (B01, B02, B03, B09, B10, B11 and B12) and undertaking remedial works • repairing the damaged single leaf external door to basement room B01 • spot repairs to walls and ceiling finishes • inspecting the existing surface/subsoil drainage system; • cleaning and replacing existing connections between stormwater downpipes and pits • inspecting and repairing the existing lighting and electrical supply; • replacement of a number of timber verandah posts and adjacent structure, including roof elements, where posts have rotted and failed

183 Stanton Dahl Architects v Penrith City Council Land and Environment Court Decision [2009] NSWLEC 1204 184 Davies CMP, 2014 JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 58

Fernhill Estate 3.0 Documentary Evidence

3.1.6.10 Department of Planning, Industry and Environment The Department of Planning, Industry and Environment purchased the Fernhill Estate in March 2018. The Department bought neighbouring parcels of land at 1119-1145 and 1147-1187 Mulgoa Road in 2019.

3.1.7 Additional lands The lands at 1119-1145 and 1147-1187 Mulgoa Road were originally part of William Cox’s 820-acre land grant, which was issued by Governor Macquarie in 1816.185 The entire original grant, plus additional land holdings, was transferred from William Cox to George Cox in 1834. The land at 1119-1145 Mulgoa Road was bought by the Bishop of Sydney in 1881 for £500.186 A 322-acre portion of the remaining estate was bought by George Henry Cox in 1889, and underwent subdivision in the early 20th century.187 The land at 1177-1187 Mulgoa Road was the site of what was the first post office at Mulgoa. The first Mulgoa Post office was established in 1863.188 The early history of the post office is tied to the Fowler family. In her obituary Elizabeth Fowler is described as having had been the post mistress for 32 years.189 The post office was moved in 1892 to more suitable premises. By 1917 the original building had reportedly fallen into a state of disrepair: “The post office was then more in the centre of the village or township, and stands next the public school, a witness to the architecture of the day. Unoccupied now as a dwelling, it has become the asylum of vehicles in various stages of decay.”190 The land was bought by David Hughes in 1922.191

Figure 52. Land purchased by David Hughes in 1922. (Old Form Torrens Register, Vol. 379, Fol. 184, NSW Land Registry Services)

185 Grant Register, Serial 8, No. 264, NSW Land Registry Services 186 Old System Deeds, Book 217 No. 180, NSW Land Registry Services 187 Old Form Torrens Register, Vol. 920, Fol. 74, NSW Land Registry Services 188 New South Wales Government Gazette¸ 4 September 1863, 1919 189 Sydney Morning Herald, 5 November 1929, 15 190 Captain James H. Watson, ‘Mulgoa, Present and Past,’ The Australian Historical Society Journal and Proceedings, Vol. IV, Part III, 1917, 196 191 Old Form Torrens Register, Vol. 3379, Fol. 184, NSW Land Registry Services JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 59

Fernhill Estate 3.0 Documentary Evidence

Figure 53. Slab cottage believed to have been the Mulgoa Post Office, since destroyed by bushfires. Photograph by Fox and Associates, 1986. (Source: Penrith City Library)

Figure 54. Slab cottage believed to have been the Mulgoa Post Office, since destroyed by bushfires. Photograph by Dave Burt, 1988. (Source: Penrith City Library)

The property changed hands multiple times before being bought in 1994 by Owston Nominees. Bushfires in 2000 destroyed all physical evidence of the former post office. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 60

Fernhill Estate 3.0 Documentary Evidence

The land at 1147-1175 Mulgoa Road was bought by Christina Fletcher in 1927. A portion of this land was resumed by the Commission for Main Roads in 1950 for the rerouting of a section of Mulgoa Road.192

Figure 55. Land bought by Christina Fletcher, showing the land resumed by the Commission for Main Roads in 1950. (Source: Old Form Torrens Register, Vol. 4011, Fol. 105, NSW Land Registry Services) These lands were purchased by the Department of Planning, Industry and Environment in 2019.

3.2 Chronology of Development General Event Date Site Specific Event Arrival of William Cox (1764 - 1800 1837) in New South Wales on the Minerva, accompanied by his wife Rebecca and four of his six sons

Birth of Edward Cox, son of 1805 William and Rebecca Cox

Return of William Cox to England 1807 Surveyor James Meehan surveys 1809 300 acres granted to Edward Cox by Colonel the Mulgoa Valley William Paterson. This grant is revoked upon the arrival of Governor Macquarie. Return of William Cox to NSW 1810

192 Old Form Torrens Register, Vol. 4011, Fol. 105, NSW Land Registry Services JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 61

Fernhill Estate 3.0 Documentary Evidence

General Event Date Site Specific Event Commencement of Lachlan 1 January Governor Macquarie reissues the land grant to Macquarie’s term as governor of 1810 Edward Cox. The Fernhill estate is located New South Wales principally on this land grant. The name Fern Hills seems to have been given as early as 1810. For some time, the property (300 acres) was managed jointly with that of William Cox by the overseer James King with help from Cox’s sons, George and Henry, and later Edward. Cox’s Cottage, to the east of 1811 Fernhill, completed Completion of road over the Blue July 1815 Mountains, constructed under the supervision of William Cox. 1820 Edward Cox returned to England to complete his education. George Cox (1795-1868) marries 1822 Elizabeth Bell Henry Cox (1796-1874) marries 1823 Frances McKenzie Commencement of development c. 1823 of Henry Cox’s Glenmore

Commencement of development c. 1824 of George Cox’s Winbourne

1825 Edward Cox (1805-68) returned from England establishing his separate estates at Rawdon and later Cox’s Cottage.

July 1827 Edward Cox married Jane Maria Brooks (1806- 1888) and the family lived at Cox’s Cottage (to the east of Fernhill) for many years

February Cox’s Cottage mortgaged to Henry Grattan 1828 Douglass

December Assignment of mortgage from Douglass to 1828 James Barnett and others of London Death of James King 1829 Birth of Edward King Cox at Cox’s Cottage Development of Cox family sheep c. 1830s runs on the Cudgegong River (the area of the township of Mudgee)

3 June 1834 Conveyance of Slade’s 800 acres grant from William Cox’s land to Edward Cox

July 1835 Reconveyance of mortgage on Fernhill Foundation stone of St. Thomas’ 1836 Anglican Church was laid.

Death of William Cox 1837

1839 The stable building is said to have been built at this time. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 62

Fernhill Estate 3.0 Documentary Evidence

General Event Date Site Specific Event

1 August Conveyance of Thomas Hobby’s 196 acres 14 1840 perches to Edward Cox from Henry Cox 1840 Conveyance of 339 acres of Slade’s 820 acres from Edward Cox to Henry Cox

30 September Mortgage Edward and Maria Cox to Hastings 1842 Edwin and others

Mortgage of Edward Cox’s land at July 1844 Rawdon to the Australian Trust Co.

1845 House at Fernhill was completed. Above the door is a date of 1842. Late 1840s The property was singled out by Governor FitzRoy's aide-de-camp, Col. Godfrey Mundy, for the way in which its landscape had been moulded by thinning the native tree species. October 1847 Transfer of mortgage held by Hastings Edwin and others to Australian Trust Company

7 September Reconveyance of mortgage to Australian Trust 1851 Company, and new mortgage of Edward Cox and Jane Maria his wife to John Nodes Dickenson 1851 Cox’s Cottage leased for 15 years.

Sale of Henry Cox’s Glenmore 1852 1855 Marriage of Edward King Cox and Millicent Anne Standish in Ireland. 18 January Reconveyance of 1851 mortgage 1856 . 1856 Birth of Edward Standish Cox at Cox’s Cottage. 1863 Railway from Sydney to Penrith completed.

May1868 Death of Edward Cox at Bristow Lodge, Goulburn. Fernhill and Cox’s Cottage were passed to his eldest son, Edward King Cox (1829-1883) of Rawden, Mudgee, who carried out at Cox’s Cottage a noted racehorse stud that produced several Melbourne Cup winners. 1878 Edward King Cox’s merino wool wins grand prize at the Paris Exposition Universelle.

July 1883 Edward King Cox died at Fernhill. The Fernhill estate was divided. 957 acres was inherited by eldest son – Edward Standish Cox. Herbert Montgomery Standish inherited Cox’s Cottage

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 63

Fernhill Estate 3.0 Documentary Evidence

General Event Date Site Specific Event

1885 Fernhill horse stud was sold. 1888 Death of Jane Maria Cox (Edward’s widow) at Fernhill. House was then left vacant for a number of years. March 1888 Mortgage of the Fernhill and Cox’s Cottage lands to the Commercial Banking Company

September Assignment of Commercial Banking Company 1888 mortgage to New Oriental Bank March 1889 Mortgage of Edward Standish Cox to Walter Lamb and Robert McKenzie

Mulgoa Irrigation Act passed by December the New South Wales Parliament. 1890 The Mulgoa Irrigation Scheme was promoted by George Chaffey and Henry Gorman. Fernhill was affected by the proposal.

September Agreement to sell Fernhill was signed by 1891 Edward Standish Cox and Arthur Winbourn Stephen of Mulgoa. 15 May 1896 Transfer of mortgage of Walter Lamb and Robert McKenzie to Frederick Thomas Humphrey and Edward Perry Simpson. Edward Standish Cox defaults on mortgage and property is assigned out of Cox family ownership. Sale of George Henry Cox’s 1901 Winbourne. 1 October Conveyance of Frederick James Humphrey and 1906 Edward Percy Simpson to Henry James Bell, grazier of Goulburn. Fernhill was tenanted by Richard Beige Baynes and wife Annie Augusta, Henry James Bell’s daughter. 21 January Mortgage of Henry James Bell to Alfred Tertius 1907 Holdsworth and Hon. Frederick Thomas Humphrey 21 January Property was brought under the provisions of 1907 the Real Property Act. The applicant was Henry James Bell. Surveyed area was 957 acres 26 perches 23 May 1908 Torrens Title was issued to Henry James Bell for the area of 957 acres 26 perches Winbourne destroyed by fire 1920 7 July 1924 Transfer to Laura Godfrey Bell of Goulburn, widow of Henry James Bell 17 July 1924 Transfer to Annie Augusta Baynes of estate for life and Reginald Frank Beinge Baynes of estate in remainder

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 64

Fernhill Estate 3.0 Documentary Evidence

General Event Date Site Specific Event 29 September Transfer to Annie Augusta Baynes 1924

17 October Mortgage to Australian Provincial Assurance 1925 Association Ltd 9 July 1930 Transfer to Hilda Mary Moyes, wife of George Sydney Moyes, of Bellevue Hill from Australian Provincial Assurance Association Ltd exercising power of sale 30 June 1930 Mortgage to Australian Provincial Assurance Association Ltd.

14 November Mortgage discharged 1946

6 June 1950 Resumption of part of land by Department of Main Roads for realignment of Mulgoa Road

31 July 1953 Transfer of part of land to the Water Board for the overhead ropeway used in the Warragamba Dam construction. The right of easement was released in May 1967 23 November Mortgage to Rural Bank of NSW 1954

22 August Transfer to Moorilla Pty Ltd, a company owned 1955 by Mr John Darling 1960 Six acres around house and the northern drive were gazetted in the City of Penrith Planning Scheme Ordinance as a place of heritage importance.

6 April 1961 Easement over part of the land to the Electricity Commission of NSW

1963 Refurbishment of house undertaken by John Darling completed.

1966 Subdivision of estate into two lots – a lot of 926 acres, and a 25 acres curtilage around house and the northern right of way from Mulgoa Road. 1969 Darling and garden designer Paul Sorensen reworked the garden around the house.

7 September Title of Lot 2 of DP 541825 issued to John 1970 Darling for 25 acres around the house

December Interim Conservation Order (No 44) is placed 1978 on Fernhill by the Heritage Council of NSW

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 65

Fernhill Estate 3.0 Documentary Evidence

General Event Date Site Specific Event 6 December Subdivision of 49.8 hectares (of the 374.9 1979 hectares) in the north-east of the property, for ownership transfer within the Darling family/estate purposes.

23 September Fernhill was acquired by Owston Nominees 1980 No. 2 Pty. Ltd., a company owned by Mr Warren Anderson

July 1981 Permanent Conservation Order No. 54 placed on Fernhill by the Heritage Council of NSW c. 1981-1984 Mr Warren Anderson undertakes extensive upgrading and new construction works, including extensive works in the grounds.

June 1984 Penrith City Council notifies the National Trust of Australia (NSW) of reports of unauthorised building work.

1984 Lots 10 and 11 of DP 615085 of Fernhill were issued to Owston Nominees Pty Ltd.

7 July 1987 The Heritage Council commenced legal proceedings against the owner substantial unapproved works undertaken on property.

1991 Fernhill unsuccessfully placed on the market.

December Bushfires extensively damaged the estate. 2001 2012 Fernhill is placed in receivership. December Simon and Brenda Tripp occupy the property 2012 and commence conservation works and maintenance.

January 2014 Masterplan IDA submitted to Penrith Council.

2018 Fernhill bought by the Department of Planning, Industry and Environment 2019 Neighbouring land at 1147-1187 Mulgoa Road bought by the Department of Planning, Industry and Environment.

3.2.1 Property owners onemntv Date Owner Comments 1810-1868 Edward Cox He was aged 4 at the time of the original land grant of 300 acres (121 hectares)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 66

Fernhill Estate 3.0 Documentary Evidence

1868-1888 Edward King Cox He inherited the estate from his father on his death in 1868 (eldest son of Edward Cox)

1888-1896 Edward Standish Cox He inherited the estate from his father on his death in 1888 (son of Edward King Cox)

1896-1906 Frederick Thomas Humphrey and House was occupied by Richard Beindge Edward Perry Simpson Baynes and his family (c. 1900 – 1926)

1906-1924 Henry James Bell 1924-1930 Annie Augusta and Richard Beindge Baynes

1930-1955 Hilda Mary and George Sydney Moyes

1955-1980 John and Angela Darling 1980-2012 Owston Nominees No. 2 Pty. Ltd Warren and Cheryl Anderson occupied the property

2012-2018 Angas Securities Limited with Occupied the property December 2012 Simon and Brenda Tripp 2018 NSW Department of Planning, Industry and Environment

3.3 Historical Themes The Heritage Council of NSW established 35 historical themes relevant to the State of NSW. These themes correlate with National and Local historical themes. Historical themes can be used to understand the context of a place.

Australian Theme NSW Theme Local Theme Example 1. Tracing the natural Environment – Rural settlement Fernhill’s location in the Mulgoa Valley evolution of Australia naturally at the foot of the Blue Mountains evolved necessarily influenced its settlement and development. The mountains shaped the life of those living at Fernhill through their pastoral activities on both sides of the mountains. 2. Peopling Australia Aboriginal Push westward The name ‘Mulgoa’ is a derivative of the cultures and indigenous word for ‘black swan’. There interactions with are records of clashes occurring at other cultures Mulgoa between the aboriginal Australians and the European settlers.

2. Peopling Australia Convict Country estates It is believed that the 45 000-gallon stone reservoir was constructed from ashlar stonework by convicts.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 67

Fernhill Estate 3.0 Documentary Evidence

3. Developing local, Agriculture Country estates Fernhill was one of several Cox family regional and national estates in the Mulgoa area that had Rural settlement economies extensive agricultural activities. There have been subsequent agricultural activities at Fernhill including a piggery, chicken hatchery and winery. 3. Developing local, Exploration Push westward William Cox supervised the construction regional and national of the road across the Blue Mountains economies 3. Developing local, Mining Industrial The stone quarry at Fernhill was used regional and national development to construct the old stables and house economies on the property and for the construction and repair of buildings outside the property. 3. Developing local, Pastoralism Country estates; The Fernhill estate has been critical to regional and national Rural settlement the development and improvement of economies sheep, cattle and horses 4. Building Accommodation Rural settlement The Fernhill Estate illustrates a variety settlements, towns and Rural villages of accommodation types for humans cities and animals dating from 1839 onwards. 4. Building Utilities Municipal 45 000-gallon stone reservoir settlements, towns and government constructed from ashlar stonework by cities convicts. An early stone box drain is present on the site. Fernhill has an association with the Warragamba Dam scheme and the hydroelectricity that resulted. 5. Working Labour Country estates Stonemasons were sourced from Ireland through the bounty system of Industrial immigration; the men purportedly lived development in the 1839 stables while they built Rural settlement Fernhill house. Rural villages Push westward 8. Developing Domestic Life Country estates Fernhill shows the development of a Australia’s cultural life country estate and rural settlement. Rural settlement 8. Developing Creative Country estates Fernhill is likely to have been designed Australia’s cultural life endeavour by Mortimer Lewis, a significant Australian colonial architect. The house and stables are both of a high quality from the period. 8. Developing Leisure Tourism and Fernhill functioned as a guest house in Australia’s cultural life recreation the 1930s and subsequently visitors paid to tour the house.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 68

Fernhill Estate 3.0 Documentary Evidence

8. Developing Religion Rural settlement Importance of visual associations Australia’s cultural life between St Thomas Church and Rural villages Fernhill; Cox family endowed the Church of England with funds and land in Mulgoa to provide for the construction of St Thomas Church; Cemetery contains the graves of members the Cox family. 8. Developing Sport Tourism and High quality race horses have been Australia’s cultural life recreation bred and trained at Fernhill. More recently picnic races were held on the site. 9. Marking the phases Birth and Death Recognition of Several generations of the Cox family of life past events had connections to Fernhill House. Thomas Church cemetery contains the graves of members of the Cox family.

3.4 Ability to Demonstrate The surviving physical fabric of the Fernhill Estate including its built elements and landscapes demonstrates the phases of the property’s history from prior to 1839 up to the present day. In doing so it contributes to an understanding of the National, State and local historic themes as set out in the table above. The location of the estate contributes to our understanding of the push westward by European settlers and the connection between the discovery of a passage through the Blue Mountains, the building of the road over them and the subsequent expansion of pastoral activities across multiple estates. The size and quality of the house demonstrates the economic development that resulted from this pastoral expansion and the financial crisis of the early 1840s. The landscape illustrates the modification to a park-like landscape pleasing to a European eye and further developments with garden design from the 1960s. Fernhill estate is intrinsically connected with the peopling of Australia by Europeans. Mulgoa is a well-documented site of the frontier wars with Indigenous Australians. The push west and the developing of local, regional and national economies initially through the pastoral activities of the Cox family are shown through the location, size and use of the property. The house and original stables are built evidence of the initial development of this economy with later constructions evidencing later economic uses for the site. The work undertaken in constructing the buildings on the property, managing the pastoral activities and running the household and farm contribute to our understanding of workers and work practices. Spaces such as the cellars of the house and the rooms of the original stable block provide physical evidence of this. The grandeur of the Fernhill Estate and the quality of design and construction of the House and Stables illustrates the development of Australia’s early cultural life drawn on precedents from Britain. The people who have occupied the property over its life have also contributed to the cultural life of the country and this can be gleaned through changes made to the historic structures and the addition of new structures to the property. The refurbishment of rooms within the house in more recent years illustrates the cultural predilections of the owners at the time and their attitudes to history and heritage. Fernhill estate has marked the phases of life of many families. Members of the Cox family are buried in the nearby St. Thomas’ graveyard and development on the site marks the rise and fall of the financial fortunes of many of its occupants in turn reflecting the movements in the economy of the wider society.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 69

Fernhill Estate 4.0 Physical Evidence 4.0 Physical Evidence 4.1 Identification of Existing Fabric 4.1.1 Landscape Geology The surface geology of the Mulgoa area comprises a small outcropping of Hawkesbury Sandstone, strata belonging to the Triassic Wianamatta Group, Quaternary Alluvium associated with the major creek draining the area and a minor occurrence of Tertiary sediments.193 There are four soil associations found in the Mulgoa Valley: • Hammondville –from parent materials of the Hawkesbury Sandstone and Ashfield Shale • Cumberland – coinciding with the Bringelly Shale formation • Mulgoa – consisting of tertiary sediments which are found in two zones along Mulgoa Road • Nepean – consisting of Quaternary Alluvium and is typically found close to the river flats.

Topography Mulgoa Valley is steep and hilly to the west with an extensive plateau zone around Fairlight. The topography varies in height from an average 100 metres above sea level to over 215 metres above sea level. To the east the land is more undulating, ranging in height from 40 metres to 100 metres above sea level.194

Landform and Vegetation Mulgoa Valley is characterised by creek flats, wooded hills and escarpment areas. To the west the Valley is steep and hilly, to the east it is more undulating with the creek flats and escarpment associated with Mulgoa Creek at the centre.195 The natural landforms on Fernhill Estate include the hill on which the house is situated and the gently undulating hills and various tributary creeks through the property. The property is located within the Western Sydney Region of the Hawkesbury-Nepean Catchment. The Nepean River sub-catchment is located downstream of the Upper Nepean sub-catchment, which contains significant dams and protected water supply catchments. The Nepean River is located approximately 500 metres west of the property. Littlefields Creek borders the property to the south. Under Penrith LEP 2010 much of the property is zoned Environmental Living (Zone E4), however the land east of Mulgoa Road, the wooded hill behind the house and the western land beyond that and parts of the lots along Mayfair Road are zoned Environmental Conservation (Zone E2). This replaces an earlier site zoning that did not include these zonings but created flora and fauna corridors through the site. The environmental zoning has the potential to affect the heritage values of the property and will impact on how the estate is managed with regard to both its cultural and natural heritage values. As Fernhill’s landscape varies in its relation to its physical environment and function. The previous CMP divided the landscape into precincts for the purpose of description and convenience only. This CMP maintains the same precincts. 1: house garden; 2: west and north of house garden; 3: south of southern driveway;

193 Kinhill Stearns, Mulgoa Valley, 3-3 194 Kinhill Stearns, Mulgoa Valley, 3-3, 3-6 195 Kinhill Stearns, Mulgoa Valley, 3-6 JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 70

Fernhill Estate 4.0 Physical Evidence

4: east of house; 5: north of house and northern driveway; 6: western portion of Fernhill Estate; 7: eastern portion of Fernhill Estate;

Figure 56. Fernhill’s landscape precincts or areas.

Much of the present vegetation in the Valley, including Fernhill, has been cleared for grazing and other agricultural purposes. Dry sclerophyll forest covers uncleared or regrowth portions of the valley, which varies between open forest, woodland and low woodland communities. An important feature of the vegetation matrix in the valley area is the extensive parkland areas created by the selective retention of certain native tree species, particularly Rough-barked Apple (Angophora floribunda) and Broad-leaved Apple (Angophora subvelutina), while other native species were generally cleared. The figure below illustrates the relative distribution of vegetation communities on the Fernhill Estate. There is Cumberland Plain Woodland throughout paddocks in Landscape Areas 3, 4, 5 and 7, and along Littlefield’s Creek. Cumberland Plain Woodland is listed at the State and Federal level as a critically endangered ecological community, the highest conservation status possible for vegetation communities. Cumberland Plain Woodland is the name given to the distinct groupings of plants that occur on the clay soils derived from shale on the undulating Cumberland Plain in central New South Wales. The most commonly found trees in the woodland are Grey Box Eucalypts Eucalyptus moluccana, Forest Red Gums Eucalyptus tereticornis, Narrow-Leaved Ironbarks Eucalyptus crebra and Spotted Gum Eucalyptus maculata. A variety of other lesser-known eucalypts as well as shrubs, grasses and herbs are also found. It is the dominance of Grey Box and Forest Red Gum that makes the community distinctive. This vegetation community was once widespread in the Plains but has been reduced to a few fragmented strands by human use for farming, industry and housing.196 The remnant apple trees that line the southern driveway are part of the Cumberland Plain Woodland community, but are less frequent. The apple trees are also found within other vegetation communities.

196 “Cumberland Plain Woodland”, Department of the Environment, Water, Heritage and the Arts, http://www.environment.gov.au/resource/cumberland-plain-woodland JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 71

Fernhill Estate 4.0 Physical Evidence

There is Shale Sandstone Transition Forest throughout parts of the cleared parts of the Estate (LA3 & LA5), and in separate areas of Landscape Area 6 (LA6). This is listed at the State and Federal level as an endangered ecological community. LA6 is predominantly Sandstone Ridgetop Woodland with two small areas of Western Sandstone Gully Forrest (along creek lines). Both of these vegetation communities are in good condition and are not endangered. There are two areas of Alluvial Woodland on cleared areas of Fernhill Estate (LA3 and LA5). This community is in relatively good condition and is not endangered. There is a small area of Shale Sandstone Transition Forest in LA3 and LA3, which is listed as an endangered ecological community at State level only.

4.1.2 Cultural landscape Fernhill was designed as a picturesque park-like landscape that developed through clearing and modification of the existing native vegetation and cultural plantings adjacent to the house framing views around the house. This was consistent with the principles of picturesque landscapes where significant views and vistas to the rural landscape were gained both within the property and beyond (refer Section 3.1.5.4). As evidenced by historical aerial photographs, little vegetation was planted around the house with the exception of selected specimen trees, the house occupying the brow of the hill in a grassed setting with turfed banks grading away from the house and gravel drives circling the rise. Views were enjoyed in most directions, in particular the prospect looking to the east over the Mulgoa Valley and district. This colonial landscape was substantially altered by landscape architect Paul Sorensen in the 1970s and early 1980s. The Andersons made further changes to the cultural landscape throughout the 1980s including planting around the new dam north of the house and throughout the property. Fernhill’s original land holding has also been extended during the last 30-40 years, adding lands to the north, south-east and west. While these areas do not form part of the original grant, they are linked to the main holding and in some locations are within the view shed of the house. In recognition of the contribution that some of these areas make to the setting of Fernhill, parts of the extended site are now heritage items within Penrith LEP 2010 as part of the Fernhill setting. A small portion of the area’s natural environment exists on the western portion of the property (Area 6) and revegetation has occurred on many parts of the property. Fernhill Estate has been impacted by a variety of invasive weeds and introduced fauna species that require ongoing management. Section 5.3 discusses potential issues and opportunities for Fernhill’s cultural landscape. The following sections describe and discuss each part of the Fernhill landscape using the precincts set out earlier in this plan. For continuity of discussion this section firstly describes each area then discusses opportunities and constraints that may exist for the future use of the areas. The estate is divided into a series of broader precincts than set out below: • The house and its immediate garden and working setting • The open pastoral land, flanked by the driveways that extend from the house to Mulgoa Road. • The wooded hill behind the house that extends into the woodland. • The remaining lands that flank these areas.

4.1.2.1 House Garden - Precinct 1 The house garden is defined as the landscaped area around the house. This precinct has been largely modified by landscape architect Paul Sorensen. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 72

Fernhill Estate 4.0 Physical Evidence

The northern edge of the house garden is framed by a pergola with Doric order sandstone columns (reused from the demolished Union Club in Bligh Street Sydney) and a timber superstructure. The ends of the timbers were detailed by Sorensen with a design to be sympathetic to the Georgian architecture of the house. The pergola is covered with White Chinese Wisteria (Wisteria sinensis ‘Alba’). The timber elements are now in deteriorated condition. It appears that Sorensen raised the level of the garden to create a level lawn to the north of the house. The rear of the pergola has a mid-height retaining wall separating it from the driveway that extends to the rear of the house. The lawn between the retaining wall and the house is largely on fill. A rose garden is located directly west of the pergola that is now enclosed by tall hedges of star jasmine (Trachelospermum jasminoides) with the entrance arched with yellow Banksia rose. The rose garden was designed in the 1970s by Sorensen. There are sandstone steps leading from the rose garden to the garden area north of the house flanked by the pergola and a stone sundial sits in the centre of the rose garden. These garden areas are benched into the site and are typical of his designs.

Figure 57. Aerial of House garden house (Source: Google Earth 2018)

East of the pergola is a paved car park and grove of Chinese elms (Ulmus parvifolia) that was laid out by Sorensen in the early 1970s. A substantial flight of paved stone stairs lead from the car park to the northern area of the garden with the carpark enclosed by a mid-height sandstone retaining wall. The stairs are the formal access to the eastern elevation and front door of the house. The car parking area, walls and stairs replaced the carriage loop that originally provided formal entrance to the house. Two lamp posts are situated either side of the stair and another set are located either side of the car park entrance. These works involved substantial changes to the land form in the area of the former carriage loop and driveway both excavating the area of the carpark and filling the front lawn area to create a more level platform adjacent to the house.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 73

Fernhill Estate 4.0 Physical Evidence

Figure 58. Pergola to the north of Fernhill house, 2018.

Figure 59. Rose garden to west of house, 2018. Figure 60. Garden to west of house, 2018.

Directly west of the house is a formal garden designed by Sorensen and modified by the Andersons in the 1980s. There are several stone carved horse heads that line the concrete or stone paved paths in this section of the garden. A flight of sandstone stairs leads from Sorensen’s garage through the west garden and to the rear of the house. Other paths and stairs are concrete and are likely to be later alterations by the Andersons. Immediately to the west of the house is a covered water reservoir, which is likely to be contemporary with the house – it was lined in the 1980s and covered with a reinforced concrete roof slab. This tank was used for potable water; however, when the Andersons built the large dam north of the house in the early 1980s, this dam provides the household’s water supply. The former stables (1830s), Games building (1980s) and Garage (1970s) are situated to the north- west of the house. Various trees and flowers have been planted in front of the former Stables and Games buildings. Several mature eucalypt trees remain west of the former stables and Games building, that are now set down below the main ground level. It appears that the western side of the two buildings was filled to create a level platform that is retained with a large stone retaining wall that forms the eastern edge of the horse paddocks beyond. Concrete and stone steps and ramps lead

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 74

Fernhill Estate 4.0 Physical Evidence into this at the northern end of the complex. The Stables and Games room are now surrounded by lawns with paved verandahs. Sorensen designed a looped driveway that extended from the 1970s garage to the rear of the house. This altered the formal vehicular approach and entry to the house as this is now the only vehicle access to the main house. The Andersons later lined this looped driveway with hedges that block views in all directions and added a small gardener’s shed south-west of the house where there is now a small paved car parking area. Sorensen also designed a sandstone shed to the east of the vegetable garden. The service entry to the house is via the kitchen in the south-west wing with vehicles parking at the end of the extended driveway. To the south-west of the driveway loop is an open garden with mostly mature trees and some small shrubs. A small aviary is located in this area. Prior to the works by Sorensen, access drives around the property were largely dirt tracks with little definition. The extensive work in changing levels and creating retaining walls saw most the driveways formalised and regularised. When comparing historical aerial photos from the 1940s into the 1970s and 1980s, the open turfed area to the south of the house was substantially changed from its colonial form by Paul Sorensen by levelling the land, introducing the balustrade, swimming pool at a lower level and adjustments to the tennis court with a pump room and changing rooms under. This hillside to the pastoral lands below, only traversed by the entry drive and clumps of decorative trees. The Sorensen work adjusted the relationship of the house to the pastoral landscape by creating filled platforms, retaining walls, ponds, plantings and pergolas to mediate the house from its rural setting. The design by Sorenson changed the colonial setting for the garden to a more domesticated character and typical of mid to late 20th century plantings and design. While the broader and pastoral setting of the house essentially remained intact, the detailed landscape design around the house reflects the taste and character of late 20th century landscape design. Elements of the altered southern garden include: • a retaining wall and balustrade directly south of the house, which also extends to the south along the side of the tennis court below which is the pool house. • the swimming pool, introduced by Sorensen, which has had its proportions altered to its current form in the 1980s. The pool is not visible from the house and was purposefully designed as such by Sorensen. • the tennis court, which was likely constructed in the 1920s. It was re-laid with a sealed surface and screened by star jasmine and banksia roses in the 1970s, and was re-laid in loam in the 1980s. • a timber pergola running east-west along the northern end of the tennis court • a small stone retaining wall extending from the kitchen area which accommodated a change of level in the lawn. South of the pool and tennis court there are Liquidambar styraciflua, Stone Pine (Pinus pinaster), Pinus sp. (Pinus radiata), Jacaranda (Jacaranda mimosifolia), Louis van Houtte (Ulmus procera) and various other cultural plantings. On the landscaped terrace south of the house are Pencil Pines (Cupressus sempervirens 'Stricta') and remnant Weeping Cherries (many of which died between 2010 and 2012), planted by Anderson. The terraced lawns south of the house include large Bunya Bunya pines from the Cox’s occupation. The garden to the east of the house appears to be part of Sorensen’s design and contains a reflecting pond directly adjacent to the house. The island in the middle of the pond is accessed over a decorative wooden bridge, which replaced a less ornate timber bridge in the early 1980s. The summerhouse on the island was also established by the Andersons in the 1990s. The pond is on two levels with water pumped to the smaller upper level and cascading over two weirs to the main pond.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 75

Fernhill Estate 4.0 Physical Evidence

Figure 61. Terrace and garden to the south of the house, looking east, 2018.

Figure 62. Eastern elevation, 2018. Figure 63. Southern edge of eastern elevation, 2018.

The loss of the carriage drive in this area in the 1970s followed by progressive building up of the garden in this location, in addition to further mature trees planted east of the driveway, has progressively contributed to the loss of views to the east towards St Thomas’ Church, Cox’s Cottage and the Mulgoa Valley. There are Willow trees (Salix babylonica) and a Jacaranda (Jacaranda mimosifolia) planted around the lake by Sorensen. The formal house gardens around the house are well established and the modifications to the land forms are major and significant and are largely not easily reversible. There are aspects of the garden setting that are not particularly sympathetic to the overall setting of Fernhill and there is capacity to alter the formal gardens where the elements are not identified as sympathetic. The Sorensen changes were dramatic in their impact on the colonial setting of the house.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 76

Fernhill Estate 4.0 Physical Evidence

Figure 64. The summerhouse on the island. The summerhouse and current bridge were built in the 1980s. 2018.

The establishment of the gardens since the 1970s and regrowth in former view corridors has caused loss of specific views overtime to the east to St Thomas Church, Cox’s Cottage and parts of the Mulgoa Valley. Some of these views are recoverable, refer to Section 4.4.

4.1.2.2 West and North of House Garden - Precinct 2 The landscape directly west and north of the house and house garden has undergone substantial change throughout the late 20th century. Western Area In the area west of the house garden once stood a winery building, several aviaries, a chicken hatchery (1958) and piggery (1950s). The chicken hatchery was converted to a plant nursery in the 1970s. The chicken hatchery had been removed by 1986 and an aviary and other brick farm buildings established north-west of the house. The circular aviary and workshop building were added in the early 1980s and the long aviary several years later. The shed and the aviaries were damaged by bushfires in 2000 and only the circular aviary is capable of re-use today.

Figure 65. Aerial of landscape west and north of Fernhill. (Source: Google Earth 2018)

John Darling advised that he levelled this area to construct the various farm buildings by removing the top of a small knoll and creating a raised platform around its edges. The areas of fill can be clearly seen in the land formation but the extent of other land modification undertaken at that time is not otherwise clear.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 77

Fernhill Estate 4.0 Physical Evidence

There are several fenced paddocks and stone outbuildings in this location with various plantings between the paddocks post-1980s. There is at least one Bunya Bunya pine and several other mature trees in the area between the Manager’s Residence and the aviaries. Lantana is growing west of 1980s workshop ruin, which is currently a ‘class 5’ weed under Noxious Weed Act. The area has undergone various level changes with filling and levelling with areas now retained by stone walls. There are extensive plantings of exotic trees through this area from the 1980s onwards. The paddocks are fenced mostly with stone walls and wire enclosures and there are stone horse boxes in the main paddocks. It appears that this work, along with the other extensive changes made to the property, was carried out without approvals. The area is also traversed along its western edge by an easement for power lines that are supported on large steel stanchions that follow the alignment of the earlier ropeway constructed to move materials for Warragamba Dam. This alignment separates the farm areas from the bushland beyond. The area is also traversed by a north-south roadway along the western edge of the paddocks onto which fronts the former winery. The items of heritage significance that remain in this area are the remains of the winery and the surrounding early land formations and the alignment of the north-south driveway. It appears that all other structures, retaining walls and many of the levels are late twentieth century and of little or no heritage significance. Many of the outbuildings in this area are damaged or in poor condition.

Northern Area The Andersons built a manager’s residence in 1981 on the site of a former poultry shed, north of the 1840s house, which was a similar design to that at Elizabeth Farm.197 To the north east of the 1980s residence they built a large dammed lake and created another access road to its north along the top of the dam wall. Giant bamboo and a willow tree were planted along the road to the north of the lake and to the south there are pine trees and other shrubs. Recently the bamboo has been removed along with some of the dense pine tree plantings that had encroached on buildings, retaining walls, road and lake. All of these elements were constructed without approval and the recent removal of invasive planting was also undertaken without consent. Sandstone stairs and a timber trellis with a climbing flowering plant are located off the service road connecting to the Manager’s Residence. The area north and south of the Manager’s Residence is grassed with several retaining walls and there is a small stone shed on the opposite side of the access road to the Manager’s Residence garage. There are various trees and shrubs in the rear yard of the Manager’s Residence. Along the northern edge of the access road directly north of the 1840s house is a photinia hedge and various trees (to the south) including olive trees. Some of these trees were planted by Sorensen, such as the Chinese elms. The hedge was added by the Andersons in the 1980s to screen the new Manager’s Residence from the road and main house.

197 Anderson pers. comm. as cited in Davies CMP, 2014, 122 JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 78

Fernhill Estate 4.0 Physical Evidence

Figure 66. Dammed lake north of house, 2018.

There is nothing within this area that has particular heritage significance and there has been considerable change to land forms and the addition of the house and the large dam that have made a considerable change to the earlier setting and appearance in this location. The area is out of site of the main house, partially through mature plantings and is now accessed by the lower access road that effectively separates the house entry from access to the northern and western areas. Opportunities may exist for some development within this zone.

4.1.2.3 South of the Southern Driveway - Precinct 3 This precinct is bounded by the racetrack and stables complex to the north, Littlefields Creek to the south, Mulgoa Road to the east and the Water Board Easement to the west. The current main formal entry to the property is from Mulgoa Road, approximately 500 metres south of the original entry. As noted, the entry was relocated in conjunction with the realignment of Mulgoa Road in 1949 to a more southerly location. Part of the now unused section of road is easily discernible in the landscape and remains flanked by several early apple gums. A random rubble stonewall runs parallel with the driveway from the entry gates to the stone bridges below the house, the Andersons constructed this in the early 1980s. It is a significant new element within the landscape. It is set back some distance from the drive retaining the park-like setting along the length of most of the driveway. The wall is in poor condition in some locations and requires reconstruction. There is a small dam, formed in the early 1980s, located south-east of the 1980s stables complex. The area east of this and edged by Littlefields Creek is mainly open pasture. Littlefields Creek has become increasingly revegetated through the 1980s and 1990s. Between the creek and the southern access road, there is some natural vegetation (mostly various eucalypt varieties), small shrubs and grassy fields. There is an extension of Littlefields Creek directly south of the entry off Mulgoa Road.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 79

Fernhill Estate 4.0 Physical Evidence

Figure 67. Aerial of Landscape south of southern driveway. (Source: Google Earth 2018)

Much of the south-west area has been progressively cleared of vegetation for bushfire safety and to remove various weed species. It is also now predominantly open pasture with clumps of trees. Apart from the construction of the dam and stonewall, the land south of the driveway remains largely in its early form, that is open pastureland with areas of natural vegetation. The addition of the serpentine wall has changed the visual setting along the main drive as it restricts views across the southern pasture land, particularly as the land falls from the drive towards the creek alignment. The area of land between the old and new entry roads is visually significant as the first open area of Fernhill seen on arrival at the property and it reflects the historical development of the site. The early driveway form is also of high significance with its flanking and informally grouped native trees. It is also noted that BioBanking Agreements have determined that parts of this area have high biodiversity value and as a result BioBanking agreements have recently been put in place to protect some of the natural values of the site along with cultural heritage values. There will need to be careful consideration of interface between natural and cultural values to achieve the desired open rural character for most of the property with other areas protected for their natural values.

4.1.2.4 East of House - Precinct 4 This precinct is bounded by the two access roads, Mulgoa Road to the east and the house garden and access road to the west. The landscape to the east of the house provides picturesque views from the house and its immediate garden to the Mulgoa Valley in the distance and the pasture lands in the foreground. The outlook from the house once included views to St Thomas Church, located picturesquely on a small rise and possibly to Cox’s Cottage, although this diminutive building is set down behind a small knoll limiting any direct views between Fernhill and the building. Over the last three decades, in particular, the Cumberland Plain Woodland has revegetated on parts of the Fernhill site, the road reserve and the church lands removing direct views and vistas between these historic elements, noting that the road deviation in the late 1940s created the physical break between the church and Fernhill lands. The views, that remain are still important and fine but are more immediate, that is within the property, or more distant to the valley beyond. An early remaining feature of this precinct is the reflecting pond, located north of the southern driveway close to where it heads north towards the house (and currently south-west of the 1980s stables complex). This was part of the original design of the property from the 1840s where the drive curved around the pond giving the visitor a planned view to the house on the rise above, reflected in the pond waters. A stone retaining wall and timber fence around the pool JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 80

Fernhill Estate 4.0 Physical Evidence have altered its appearance and in combination with the now quite dense vegetation located between the pool and the house and bridges (particularly to the west) and the changes to the house garden through terracing and the addition of walls, the historic view to the house across this pond has been lost. The pond and its curved drive however remain as important elements of the landscape. The western section of this area is also BioBanked. There is opportunity to carefully remove vegetation both outside and within the BioBanked area to recover some of the open aspect towards the house. It is also possible (as discussed elsewhere) to remove some of the later stone walling to provide views across the landscape. This central pastoral area of the property was substantially changed, mostly during the 1980s, by the Andersons. The changes include: the construction of the racetrack; the construction of a stables complex; fencing for new paddocks and the creation of a new layout of paddocks related to the stable’s development; adding stone loose boxes to some paddocks: new plantings: the enlargement of several small dams; and various new areas of planting. The avenue of trees that line the northern driveway was added in the 1980s although tree plantings existed prior to that time. There were three small dams located in the central area during the 1960s with another two being added in the 1980s (within the racetrack). There are several Monterey Pines (Pinus radiata) directly south of the 1980s stables complex, adjacent to the Lunge yard. There were also stands of pine trees lining the racetrack, most of which were burnt in the 2000 bushfires. There are also stands of casuarina and willows around the smaller dams that are not reflective of the earlier form of the landscape. Much of the timber fencing through this central area has fire damage from the 2000 bushfire. Fire damaged items need to be either removed or repaired, however introduced tree plantings such as Monterey pines are not appropriate for the setting. This precinct also contains the two stone bridges that form a feature of the entry drive. They have been largely reconstructed and somewhat altered in appearance with stone balustrades added to at least one bridge but they have also lost their picturesque setting as regrowth now obscures the approaching views to the structures and the views from the bridges towards the house. The western edge of the precinct is flanked by a stone wall built in the 1980s that separates the entry drive from the house garden. The wall is not a dominant or even very noticeable element from within the garden when looking out, but it blocks nearly all views into the garden and to the house from the driveway as it winds around the curve of the hill. When first constructed the drive was purposefully located to reveal the house in the round with the visitor first seeing the house from the south and then moving around to the north. This is now lost, partially from construction of the wall but more significantly by the changes to land form within the garden that have removed the even gradient of the hillside. Consideration could be given to removing the 1980s wall or sections of the wall to open up the aspect of the house. Construction of the racetrack resulted in the clearing of some of the early remnant vegetation in this area, the area once being dotted with individual and small clumps of trees that would have provided picturesque elements when viewed from the house. The visual change to the open pastoral character is evident from the aerial photographs and from moving around the site. The racetrack generally follows the topography that is there, with relatively little cut and fill of the landform, and while apparent in aerial photographs, apart from its perimeter fencing, it is located comfortably within the landscape. It is noted that during the Anderson period that the edge of the racetrack was planted with an avenue of pencil pines, however these were largely destroyed in the 2000 bushfire. In the recent past the race track has been upgraded with a new rail and an improved grass surface to accommodate race events. The addition of the dams within this area and the dense planting around the edges of the water (items L3, L4 and L5) has also provided quite dense banks of planting when viewed from the front of the house and driveway. Consideration to removing or thinning areas of introduced planting should be given to recreate the smaller more random clumps of vegetation within the landscape.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 81

Fernhill Estate 4.0 Physical Evidence

Even though the area remains mostly open and the landform is close to its early overall form, the appearance of the central area has been modified equine timber fencing, formal paddock layout and the white fencing to the racetrack.

Figure 68. Aerial of landscape east of house garden to Mulgoa Road. (Source: Google Earth 2018)

The stables complex is substantial and whilst it does not interfere with the visual relationship between the house, garden and the central precinct, it is a large imposition on the historic cultural landscape and can be clearly viewed from the house looking south. Consideration should be given to its removal.

4.1.2.5 North of House and Northern Driveway - Precinct 5 The landscape area north of the house and the northern driveway entry from Mulgoa Road is bounded to its north by the property boundary running for most of its length along the creek alignment. The area includes a large dam, an orchard and associated farm building, various mature trees, grassy pastures, several enclosed animal pens (figure below), the creek and gorge to the west and areas of regrowth on the slopes north of the creek line. The original land grant and boundary of the SHI listing is approximately the alignment of the creek and the north side of the dam, the 6 lots fronting Mayfair Road are also now listed in the LEP heritage schedule for their contribution to the heritage setting (termed incorrectly ‘curtilage’ in the LEP citation) of Fernhill. The dam was enlarged in the early 1980s. South of the dam is an orchard which was added in the early 1980s along with the stone-faced farm building set some distance back from the entry road. A large sloping paddock is between the orchard and the dam spillway. High cyclone-type fence were constructed for the deer enclosures in the 1980s in the western part of this area, which may have replaced earlier fencing. A smaller dam is located near Mulgoa Road in a small gully. This area is not visible from any parts of the estate except the immediate surrounding slopes. The northern section of the area, beyond the creek and close to Mulgoa Road connects to established residential lots and is open grassland with some tree cover. It is separated from the main Fernhill lands by the dam spillway and floodway area and the gully and watercourse that extends towards Mulgoa Road. The dam was built without prior approval.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 82

Fernhill Estate 4.0 Physical Evidence

Figure 69. Aerial of landscape north of the house. (Source: Google Earth 2018)

The western area is divided into paddocks with a scattering of eucalypts and presents as an open pastoral landscape. The paddocks extend close to the creek and dam edge where there is dense undergrowth extending into a gorge at the western end of the area. The area adjoins the workshop area to the west and is visually screened from most of the property. Another dam is located to the south immediately below the larger dam providing water for the house. The landform of the area slopes up from the creek line with the pastureland falling gently from the entry drive towards the north, beyond the creek the land form climbs quickly to the north-west and as noted is largely wooded. The land is zoned as environmental protection for part of this area and is covered by BioBanking agreements.182 Due to the gentle slope of the land to the north and the open tree cover, much of this area falls visually outside the core views and vistas that are available up and down the property, east to west. It is noted that much of this area is within the original Fernhill grant and forms part of the core estate, consequently consideration of uses and possible development has to be seen within that overall heritage value.

4.1.2.6 Western Portion of Fernhill Estate - Precinct 6 The land west of the 1950s easement, that extends to the western boundary of the SHI listing, is mostly natural vegetation with some areas of Cumberland Plain Woodland and endangered Shale Plain Woodland. A large dam is located on the south-western edge of the precinct that is fed by natural springs and the land to the north of the dam is cleared and has been developed as open pasture. Two quarries have been identified: one below the road that leads past the aviaries and workshop building to the north-west of the house (in an adjacent precinct) and a second on the far bank of the creek opposite.198 A well-formed fire track provides access along the southern edge of the property that connects to the western lands beyond. There is a clearing half way along this track where there is metal stockyard fencing. There are also various stores of materials such as stone along the track. The track extends along the northern edge of the dam. The vegetated hillside is accessed via a

198 Davies CMP, 2005, 89. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 83

Fernhill Estate 4.0 Physical Evidence number of fire tracks that criss-cross the hillside. The fire tracks are necessary for the management of the whole estate and adjoining lands. At various stages in the history of the site the hillside has been cleared, revegetated and subject to fire and further revegetation. It is now recognised as an area of natural woodland with environmental values that is not suitable for uses apart from ones that protect the woodland value. Apart from the small pasture area to the western side of this precinct, the landform and vegetation determine that the area needs to be retained as woodland and maintained for its natural values. It is also of heritage significance that the wooded hillside forms the backdrop to Fernhill House and has done so for much of the history of the property. It is noted that the hillside is within the original core estate. There may be some potential for new uses at the cleared western edge of the precinct.

Figure 70. Aerial of natural vegetation west of house. (Source: Google Earth 2018)

4.1.2.7 Eastern Portion of Fernhill Estate - Precinct 7 When Mulgoa Road was realigned in 1949, a portion of the Estate remained on the eastern side of the new road, which is now bounded by St Thomas’ Road to the north and east and the St Thomas’ Church to the south. The area has had a substantial amount of revegetation since it was separated from the main estate, which is evident on aerial photographs of the property (below). There are no

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 84

Fernhill Estate 4.0 Physical Evidence built elements except for a recent metal wire fence. There is an open artefact scatter on this site and isolated Aboriginal site finds in the vicinity.199 The site is traversed by Littlefields Creek.

Figure 71. Aerial of St Thomas Rd and St Thomas Church. (Source: Google Earth 2018)

Over recent years the land has been neglected and is in poorish condition with some weed growth, particularly around the creek. There is no potential to use the land apart from its current value as a regrowth area as it is located within the visual setting of the church and the former Mulgoa Road. Now with the clear separation of this land from the remainder of Fernhill, it is not seen or understood as part of the Fernhill lands, rather it is seen in conjunction with the church lands. The land has recently been bio-banked as part of the broader BioBanking on the Estate and will be managed to recover its natural values.

4.1.2.8 Analysis of Landscape and Site Changes since 1947 The site is recorded on a series of aerial photographs dated 1947, 1961, 1970, 1979, 1986, 1994, 1998 and around 2012. While the time interval between the images is not even it falls roughly into a 10 - 15-year cycle. This can be overlaid with the changes in property ownership where the Darlings acquired the property in 1955 and the Andersons in 1980. The photographs and analysis relate to the pre-Darling and pre-Mulgoa Road upgrade state of the site (1947), the Darling works through 1961, 1970 and 1979 just prior to their sale and then following the major works that the Andersons undertook during the 1980s.

199 Austral Archaeology 2010 JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 85

Fernhill Estate 4.0 Physical Evidence

Figure 72. Aerial view of Fernhill, 1947. (Source: NSW Land Registry Services)

Figure 73. Aerial view of Fernhill, 1961. (Source: NSW Land Registry Services)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 86

Fernhill Estate 4.0 Physical Evidence

Figure 74. Aerial view of Fernhill, 1970. (Source: NSW Land Registry Services)

Figure 75. Aerial view of Fernhill, 1979. (Source: NSW Land Registry Services)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 87

Fernhill Estate 4.0 Physical Evidence

Figure 76. Detail of aerial view of Fernhill, 1979. (Source: NSW Land Registry Services)

Figure 77. Aerial view of Fernhill, 1986. (Source: NSW Land Registry Services)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 88

Fernhill Estate 4.0 Physical Evidence

Figure 78. Aerial view of Fernhill, 1986. (Source: NSW Land Registry Services)

Figure 79. Aerial view of Fernhill, 1994. (Source: NSW Land Registry Services)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 89

Fernhill Estate 4.0 Physical Evidence

Figure 80. Aerial view of Fernhill, 1998. (Source: NSW Land Registry Services)

The following plans compile the aerial photographs and overlay them to illustrate changes to the site. The illustrations are colour coded to each period to identify changes to the place. To allow easy reference each plan has the current site boundaries indicated that include the boundaries of the original estate and the added north and east precincts, however the internal lot arrangements are not shown. Figure 81 shows the site prior to any upgrade work. The house and stables are the only buildings discernible on the hill, the tennis court exists, the reflection pond remains and there is one small dam to the north. Mulgoa Road has not been realigned and the original north and south drive locations remain in place. The winding character of Mulgoa Road is apparent and the connection between the church and the Fernhill landscape, which at this time was contiguous and very open gives an understanding of how the house and church were linked both physically and visually across the site. Figure 82 shows the 1947 features overlaid on the current aerial photograph. This illustrates the landscape changes that have taken place, particularly the realignment of Mulgoa Road and the increase in vegetation cover on the site. By 1961 (Figure 83) The Darlings have added farm buildings to the north-west of the house and four dams. Mulgoa Road has been diverted and the entry points to both driveways have been relocated to allow for the roadworks. The eastern land adjacent to the church has been cut by the roadworks and the road itself has required extensive cut and fill removing the undulating form of the road along with views from the high points into the property. The dam in the eastern precinct has been added but that land does not form part of Fernhill at this time. The 1970 aerial (Figure 84) shows little change to the overall site that is discernible from 1961 except that there are additional farm buildings to the north-west of the house and 2 small dams in the northern paddocks. Changes have taken place around the house however by this time. By 1979, (Figure 85) shortly before Darling sells the property, the initial landscaping around the house is complete, the ornamental pond in front of the house is in place, the driveway has been extended to the rear of the house, the billiards room has been added and an orchard has been added. The mid-1990s (Figure 86) shows a major change in the site with the addition of the race track, stables complex, 4 new dams and one enlarged dam to the north, the orchard reworked and a new JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 90

Fernhill Estate 4.0 Physical Evidence building at its eastern end, further landscaping around the house, a re-arrangement of the entry driveways to the north of the house to separate the main and service roads, new workshop and residential buildings and extensive site plantings.

Figure 81. 1947 overlay showing the features extant in 1947 on the 1947 landscape (Source: Davies CMP, 2014)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 91

Fernhill Estate 4.0 Physical Evidence

Figure 82. 1947 features overlaid on 2012 aerial photograph (Source: Davies CMP, 2014)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 92

Fernhill Estate 4.0 Physical Evidence

Figure 83. 1961 features overlaid on 2012 aerial photograph (Source: Davies CMP, 2014)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 93

Fernhill Estate 4.0 Physical Evidence

Figure 84. 1970s features overlaid on 2012 aerial photograph (Source: Davies CMP, 2014)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 94

Fernhill Estate 4.0 Physical Evidence

Figure 85. 1979 features overlaid on 2012 aerial photograph (Source: Davies CMP, 2014)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 95

Fernhill Estate 4.0 Physical Evidence

Figure 86. 1994 - 1998 features overlaid on 2012 aerial photography (Source: Davies CMP, 2014)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 96

Fernhill Estate 4.0 Physical Evidence

Figure 87. Plan of area around house showing areas that have been filled since 1960 (blue shading and areas that have been cut into the natural embankments (yellow)

Figure 87 provides an analysis of the land form changes immediately around the house showing areas that have been excavated and areas that have been filled. The major change to the house setting has been the creation of levelled grassed platforms around the house, to all sides, but varying in character to each side that has involved filling the natural slope and creating either retaining walls or embankments, or in some locations combinations of these to place the house on a flattened hilltop. The illustration indicates the extent of landform change to the house garden and how it has shifted from the gently sloping rural landscape to a formal and structured garden landscape.

4.1.2.9 Additional lands The Department bought neighbouring parcels of land at 1119-1145, 1147-1175 and 1177-1187 Mulgoa Road in 2019. The land at 1119-1145 Mulgoa has relatively dense tree cover, and contains a house with a frontage to Mulgoa Road.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 97

Fernhill Estate 4.0 Physical Evidence

Figure 88. The house at 1119-1145 Mulgoa Road. (Source: JPA&D 2019)

The land at 1147-1175 Mulgoa Road contains a lake in the middle of the site, with trees along the northern lot boundary and in the north-eastern corner. A house, and associated outbuildings, are located in the south-eastern corner of the site. The site contains several large trees that could be significant.

Figure 89. View of the lake located on 1147-1175 and 1177-1187 Mulgoa Road. (Source: JPA&D 2019)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 98

Fernhill Estate 4.0 Physical Evidence

Figure 90. House and outbuildings located at 1147-1175 Mulgoa Road. (Source: JPA&D 2019)

Figure 91. Large tree located at 1147-1175 Mulgoa Road. (Source: JPA&D 2019)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 99

Fernhill Estate 4.0 Physical Evidence

The land at 1177-1187 Mulgoa Road once held the remains of a slab hut believed to be Mulgoa’s original post office. This was destroyed in the 2000 bushfires, and now no physical evidence remains. The site is split in half by the southern end of a lake which continues through 1147-1175 Mulgoa Road. The tree cover on the western half of the site is relatively dense, and relatively sparse on the eastern half of the site.

Figure 92. Aerial image of the additional lands, 2002. 1119-1145 Mulgoa Road in green, 1147-1175 Mulgoa Road in purple, 1177-1187 Mulgoa Road in red. (Source: JPA&D edit of Google Earth image)

Figure 93. Aerial image of the additional lands, 2019. 1119-1145 Mulgoa Road in green, 1147-1175 Mulgoa Road in purple, 1177-1187 Mulgoa Road in red. (Source: JPA&D edit of Google Earth image)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 100

Fernhill Estate 4.0 Physical Evidence

4.1.3 Built environment Fernhill’s built environment consists of a number of buildings and structures including the former stables and coach house (1839), the house (1842), the ruin of a former winery (c. 1850), a stone box drain (c. 1842), two bridges (c. 1840), the ruin of two more recent aviaries (c. 1985), driveways, fencing, dams, loose boxes and various farm buildings and structures.

4.1.3.1 Stables (1839) The stables are said to have been constructed in 1839 as a single-storey building with sandstone walls and floors. The stone was quarried on the property and was the first building constructed on the estate. This building was refurbished by the Darlings, and substantially renovated in the 1980s by the Andersons. Figures 94 and 95 contrast the original form of the stables building with its current configuration.

Figure 94. Original plan of stables building. JPAD, 2018.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 101

Fernhill Estate 4.0 Physical Evidence

Figure 95. Current plan of stables building. JPAD, 2018.

In 2018, the stables are a stone building with a slate roof and verandahs encircling the east, south and west elevations. It is probable that the roof was originally timber shingle, similar to the house. The building is orientated north-south with gable ends and is set square to the house and roughly in alignment with it. There are four doors along the eastern elevation of the building that correspond to four primary internal spaces. The room at the northern end of the building contains timber stalls. Check outs in the stonework provide evidence of the housing for the timbers of the loft floor. The stone flagging on the floor appears to be original fabric. The room to the south of the stalls, currently containing glass fronted timber joinery units of recent date, has large double doors and is likely to have been the original coach house. The stone flagging here was replaced at a slightly higher level than the original in the 1980s. The next room to the south has in recent years been linked by an internal opening to the most southerly room. The room currently a bathroom and bedroom but is thought to have previously been the saddlery. The southernmost room was originally living quarters as evidenced by the presence of a fireplace for which the chimney can be seen in a photograph from 1906 (Figure 10). The original fireplace and chimney breast appear to have been removed when the modification was undertaken to link the living quarters with the old saddlery. All the verandahs appear to have been built in the early 1980s when the sandstone flagging on the verandahs was also replaced. However, a skillion verandah on the eastern elevation did exist prior to 1906. It was shallower than the current configuration and is shown in Figure 10 where it can be seen that the area around the coach house doors had been enclosed with timber boarding.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 102

Fernhill Estate 4.0 Physical Evidence

Both the external and internal stone walls of the building are largely original fabric however an additional stone course has been added to the top of the external walls and the wall between the southernmost room and the old saddlery has been significantly modified when the doorway was created into the old saddlery. The ceiling and roof structure were entirely replaced following a fire sometime after 1956. Early accounts of the stables mention a saddlery, horse stalls, coach house, feed rooms and grooms’ rooms above in the loft.200 Today the building generally retains its early form although it has been altered by the verandah additions and internal changes.

Figure 96. Stables, east elevation, 2018.

Figure 97. Stables, north elevation, 2018.

200 Cartledge 1949, as cited in Davies CMP, 2005, 70 JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 103

Fernhill Estate 4.0 Physical Evidence

Figure 98. Stables, west elevation, 2018.

Figure 99. Stables, south elevation, 2018.

4.1.3.2 The House (1842) The house is believed to have been constructed between 1839 and 1842, out of stone quarried on the site. It is a single-storey ashlar sandstone building, designed in the Greek Revival style. The house features extensive cellars below, and was probably designed as a two-storey building. However, the 1840s recession precluded the completion of the original design.201 The courtyard elevation of the western room of the northern wing has stone work to the height of the door head and brickwork infill above. This may be an indication that the finance to pay stoneworkers may have run out at this point. Further evidence for the intention of a more elaborate building and possibly a second storey is seen in the overall layout of the house. The plan form prior to the late twentieth century changes suggested that bedrooms were intended to be added to an upper storey, as the ground floor layout did not readily accommodate bedrooms of a scale commensurate with the grandeur of the house’s formal rooms. It is also likely that the main entry foyer would have been flanked by two matching formal rooms, rather than the two small bedrooms to the north that existed prior to the 1980 changes. By the early 1890s the main roof slopes, originally clad in timber shingles, were sheeted in corrugated iron and the south roof colonnade and bow front were covered in a ribbed copper or lead sheet roof. Remnants of the original timber shingle roof were still in place under the iron roof when the Darling’s purchased the property in 1955.202 The Andersons replaced the roofing materials for the entire house and the stables in the early 1980s with slate tiles that remain today.

201 Davies CMP, 2005,106. 202 Darling pers. comm. 2003 as cited in Davies CMP, 2014. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 104

Fernhill Estate 4.0 Physical Evidence

The main walls of the house are large sandstone blocks, finely dressed. The window sills are hewn from the masonry, rather than being single blocks. The eaves are relatively narrow. There are several stone chimneys with terracotta pots. Guttering and downpipes are in copper throughout, all of which were replaced during the renovations in the 1980s. The main columns on the southern verandah are single pieces of turned sandstone. Columns on the northern verandah and central courtyard are timber. The openings to the east and south are French doors with a tall head height with transom lights. The windows and doors have both internal and external shutters. The east elevation of the house retains the formal entrance however it is no longer accessed by a carriage loop. It has a central doorway and symmetrical windows to the Drawing Room and Master Bedroom. The north elevation principally fronts the former service wing with a deep verandah that provides stairs to the cellar and once accommodated a coal storage chute, which has since been covered over. The south elevation has a distinctive bow front, with curved timber rafters and colonnade around the ballroom with stairs to the garden. This extends to another service wing with doors and windows below a parapeted roof form. The west elevation incorporates the north wing, which was originally the kitchen and scullery and secondary bedroom, and the south wing, which was divided into small servant rooms with the cesspits at the western end. In the 1980s this wing was significantly reworked and extended and is now the kitchen and service areas. The glazed terracotta chimney pots and slate roof tiles were installed on the north wing c. 1958-63.203 Until the 1950s, the east elevation featured a porte-cochere centred on the front entrance. The first image of the porte-cochere dates from c. 1865. (Refer Figure 12) It remained in its original configuration with a flat roof until at least 1906 (Refer Figure 17). Historical sources note the porte- cochere was originally boarded timber. It was like in design to other similar structures by Mortimer Lewis at Kinross and Mt Adelaide. The roof form was later changed to a pitched roof and the whole was lined over in battened fibro-cement sheet, probably around the 1930s.204 The double entry door with side and transom lights provides access to the main entry foyer, through a shallow arched sandstone opening. The date 1842 is carved in the stone lintel above the front door on the east elevation. The stone-flagged entrance hall has flattened corners containing round- headed niches which flank the opening into the central hall. The south wing was extended to the west by the Andersons around 1980. It was clad in sandstone, to mimic the existing building. The junction of the two sections can be seen from the outside located between the paired downpipes. A new coldroom is now located over where the cesspits were. The original water supply for the house was stored in a reservoir at the rear (west) of the house. The water reservoir was cleaned out and roofed by the Darlings and later the Andersons had it lined and covered in loam and grass. Several historical accounts make reference to the gas lighting in the house in the 19th century. A gas plant was located north-east of the house until the Darlings removed it. The gas fittings were likely to have been installed in the 1890s and were all removed in the 1960s.205 The principal rooms of the house are orientated to the south and east with the original courtyard providing access to the kitchen originally located in the north wing and the original servants’ quarters in the south wing. Various external and internal elements of the house were symmetrically planned. There have been alterations to the north wing of the house, such as the introduction of the parapet wall along the east end and the modification of a hipped roof on the east to a gabled form.

203 Davies CMP, 2005, 110. 204 Cartledge 1949 as cited in Davies CMP, 2014; Broadbent, Colonial House, 1997, 219. 205 Davies CMP, 2005, 90. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 105

Fernhill Estate 4.0 Physical Evidence

Figure 100. South elevation of Fernhill, 2018.

Figure 101. East elevation of Fernhill, 2018.

Figure 102. North elevation of Fernhill, 2018. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 106

Fernhill Estate 4.0 Physical Evidence

Figure 103. West elevation of Fernhill, 2018.

House Interior The interior of the house has undergone significant changes over the last 50 years. Some of the changes have altered the layout of the house, how the building functions, the interior fabric and the overall legibility of the historic layout and form. The progression of these changes can be seen in the sequence of plans in Figures 104 to 107. There are five key intact regions in the house: The Entry Hall The Inner Hall The Sitting Room The Drawing Room (Ballroom) The Dining Room

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 107

Fernhill Estate 4.0 Physical Evidence

Figure 104. Ground floor plan, pre-1958. JPAD, 2018.

Figure 105. Ground floor plan, 1958. JPAD, 2018.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 108

Fernhill Estate 4.0 Physical Evidence

Figure 106. Ground floor plan, 1974. JPAD, 2018.

Figure 107. Current plan of ground floor. JPAD, 2018.

In the 2005 CMP numbers were allotted to rooms within the house to assist in describing the spaces. The same numbers were used in the 2014 CMP and are continued here for ease of reference.206

206 Davies CMP, 2005, 90-92; Davies CMP, 2014, 88-103. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 109

Fernhill Estate 4.0 Physical Evidence

The following section considers the various spaces and the changes that have been made. In summary the major changes to the building have been: • the northern bathroom addition • combining of bedrooms at the north east involving changes to fireplaces and doors • moving features such as fire surrounds around the house to new locations • removal of the separate servants’ rooms in the south wing and an extension to that wing • relocating the kitchen to the modified south wing from the north wing • the subdivision of rooms in the north wing • infilling the former kitchen fireplaces • new finishes through most of the house with the exception of the major living rooms. • new linings and finishes throughout the cellar areas • bathrooms and kitchens were refit in the 1980s

In the main rooms, new hardwood floorboards were laid between 1958 and 1963, and cedar skirting boards, doors and panels were restored or replaced. Most of the ceilings in the house were replaced with new cornices and decorative scrollwork recast in plaster to match the existing. Where possible, the ornate papier-mâché cornices were salvaged and reinstated.207 The walls in the main rooms were rendered and painted and covered with fabric c. 1984-85.

Ground Floor Rooms G01: Entry Hall This room is the original main entry to the house, although it was formerly accessed through the porte-cochere via the carriage loop. Sandstone flagging on the floor is laid diagonally to the walls. The walls are painted. Entry is through two large timber doors with detailed architraves. There are two lamp niches either side of the door through to the main hall (G02). The ceiling is painted and has an ornate ceiling rose. The ceilings and cornices were altered by the Darlings. A marble fountain, possibly relocated from the Drawing Room, sat in the entry of this space in the 1970s.208

Figure 108. Entry hall facing the main door, 2018 . Figure 109. Entry hall looking towards the sitting room, 2018.

207 Davies CMP, 2005, 100. 208 Refer Figure 31. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 110

Fernhill Estate 4.0 Physical Evidence

G02: Hall The Hall connects the Entry Hall (G01) to the ballroom (G04) and via a smaller hall to the dining room (G06). The sandstone flagging on the floor is laid diagonally to the walls. The ceilings and cornices were altered by Darling in the early 1960s. This space is believed to have been the proposed location for the stairway to the upper floor which was never constructed. There is a timber reconstructed ceiling frame and skylight over the entry hall, which was replaced by the Darlings.

Figure 110. Hall looking towards the entry hall, 2018. Figure 111. Hall looking towards the ballroom (left) and hall G05 (right), 2018.

G03: Sitting Room The Sitting Room is entered off the Entry Hall. The floor is carpeted, probably over timber floorboards. The walls are covered with a fabric purportedly from Paris with matching curtains.209 It is likely that the black marble chimneypiece was made by George Clewitt who had a workshop in Pitt Street, Sydney with marble that was quarried at Windellma near Marulan.210 The timber surround is from a different part of the house and was reused for this fireplace in the 1980s.211

Figure 112. Sitting room, showing windows, and black Figure 113. Sitting room, showing entry into ballroom marble chimneypiece, 2018. and entry hall, 2018.

209 Anderson pers. comm. 2010 as cited in Davies CMP, 2014. 210 Anderson pers. comm. 2003 as cited in Davies CMP, 2014. 211 Anderson pers. comm. 2010 as cited in Davies CMP, 2014. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 111 4.0 Physical Evidence

G04: Ballroom The Ballroom has timber floorboards and painted walls. There is a black marble chimneypiece along the western wall. The ceilings and cornices were altered by the Darlings and the finishes were redone by the Andersons. The ceiling decoration in this room is the most ornate in the house with gilding. All doors to the Drawing Room are timber with six panels.

Figure 114. Ballroom, looking south, 2018.

Figure 115. Fireplace in ballroom, 2018.

Nominated Architect Jennifer Preston. Registration number 6596. Registered Business Name JPA&D Australia Pty Ltd. ACN 100 865 585 ABN 32 100 865 585

Fernhill Estate 4.0 Physical Evidence

G05: Hallway The floor is sandstone flagging laid square to the wall. There is a lamp niche on the western wall. The cedar joinery above the doors in this hallway is as ornate as the joinery in the main rooms. This was the original hallway from the children’s bedrooms (now rooms G16 and G17) to the dining room.

Figure 116. Hallway G05. Note lamp niche on the left.

G06: Dining Room The floor in the dining room is carpet and the walls are fabric with curtains of a contrasting pattern. The white marble chimneypiece is a new addition to the room with internal sandstone lining. The ceilings and cornices were altered by Darling and the finishes were installed by the Andersons. The cedar skirting boards are 53 cm high and unpainted. They were originally painted in most rooms but were taken back to finished timber by the Andersons. The doors have six panels with ornate panelling.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 113

Fernhill Estate 4.0 Physical Evidence

Figure 117. Dining room, looking south, 2018.

Figure 118. Fireplace in dining room, 2018.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 114

Fernhill Estate 4.0 Physical Evidence

G07: Kitchen The kitchen was formerly three servants’ rooms, each accessed from the courtyard. In the early 1960s this area was converted to a kitchen. The interior of the kitchen had a new fit out in the early 1980s, following extension of the south wing to the west for the new laundry, including new polished timber floorboards, new painted timber panelled ceiling, interior lined painted walls and new cupboard joinery. There is little original fabric within this space.

Figure 119. Kitchen, looking west towards the laundry extension, 2018.

G08: Laundry The laundry room was an extension to the house in the early 1980s, with works undertaken by Stonehill Pty Ltd. The southern wing of the house was formerly servants’ quarters and the western most portion of the wing was a cesspit.168 The floors are new polished timber floorboards and the interior lined walls are painted.

Figure 120. Laundry room, looking west, 2018. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 115

Fernhill Estate 4.0 Physical Evidence

G09, G10 and G11: Cool-room, Bathroom and Cupboard G09 is a cool-room, G10 is a bathroom and G11 is a cupboard, all constructed in the 1980s at the time of the laundry with new materials.

Figure 121. Looking into bathroom G10, 2018.

G12: Master Bedroom The Master Bedroom was originally two bedrooms, with no ensuite bathroom. A bathroom was added at the eastern end of the northern verandah by Peddle Thorp and Walker architects in the 1960s, however it was accessed via the hallway (G13), or the door from the guest’s bedroom onto the northern verandah. The door from the guest’s bedroom to the northern verandah was further south than the existing door to access the ensuite bathroom. In the early 1980s the configuration of this room was changed further with the removal of the internal, possibly original, wall between the two bedrooms to form one room, which involved the reconfiguration of elements on the western wall, such as the northern door and fireplace. It is believed that these rooms had featured decorative cornices and scrollwork which were not replaced following the work. At this time a sample of the papier maché cornice was salvaged by James Broadbent. (Refer Figure 122) The mark of the London manufacturer C F Bielefeld is visible on the verso. (Refer Figure 123)

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 116

Fernhill Estate 4.0 Physical Evidence

Figure 122. Portion of original cornice by C. F. Bielefeld, dating from c. 1840. 2019.

Figure 123. Verso of cornice, with maker’s name ‘C F BIELEFELD’, ‘LONDON’, and ‘18..’, visible. 2019.

The fireplace was located in the smaller master bedroom and the guests’ room to the north did not have a fireplace. Each of the two original bedrooms had a window symmetrically located on the eastern wall. The floor in the master bedroom is now carpeted and the joinery is painted. There is fabric on the walls and the condition of the wall finish behind the fabric is not known. It is likely that this combined room was originally designed as a formal sitting or drawing room matching the room on the opposite side of the hallway and that the bedrooms were intended to be located on the first floor. The bedrooms on an upper level would have probably been a similar scale to the ground floor rooms along the eastern frontage. With the reduction in size of the house it appears that changes were made to the ground floor to accommodate bedrooms including dividing the front eastern room. This view is supported as the wall between the rooms was timber and built over the floor boards allowing it be removed with minimal difficulty.212

212 Anderson pers. comm. 2005 cited in Davies CMP, 2014. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 117

Fernhill Estate 4.0 Physical Evidence

Figure 124. Master bedroom, looking east, 2018. Figure 125. Master bedroom, looking west, 2018.

G13: Hallway The floor is sandstone flagging laid square to the wall. The hallway (G13) from the hall (G02) to the master bedroom (G12) does not have the same ornate decoration above the doorways as those in the hallway (G05) from the children’s bedrooms to the dining room. This hallway was the original access to the northern verandah, providing access from the guest bedroom which was the northern portion of the current master bedroom G12, to the verandah. This hallway also provided access from bedroom (G16) to the main rooms of the house. This hallway was altered in the 1980s when the ensuite bathroom was no longer accessed by the northern verandah, but through the reconfigured layout of the master bedroom. It is not known if the door joinery in this area changed with the 1960s and 1980s alterations.

Figure 126. Hallway G13, 2018.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 118

Fernhill Estate 4.0 Physical Evidence

G14: Hallway This hallway is an addition to the house in the 1980s. Previously hallway G13 had a door at the northern end that provided access to the northern verandah. The 1980s reconfiguration of the layout of G12 meant that this hallway (G14) was created to provide access to the northern verandah through a new door to the west.

Figure 127. Door from Hallway G14, 2018.

G15: Ensuite Bathroom This room was added in the 1960s by the Darlings, and refitted by the Andersons. The door at the northern end of the master bedroom originally accessed the northern verandah and this was a separate bedroom. The master bedroom was originally two bedrooms with the northern most section the Guest’s Bedroom.

G16 and G17: Bedrooms The two bedrooms (G16 and G17) were shown as the girl’s bedrooms and nurse’s bedroom on the 1960 plan of the house. The girl’s bedroom did not have a fireplace, however the nurse’s bedroom did. The walls in G16 are covered with fabric, like the master bedroom. The walls in G17 are painted. All joinery is painted and both floors are carpeted. The stone chimneypiece in G17 could be a later addition or reused from another room in the house.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 119

Fernhill Estate 4.0 Physical Evidence

Figure 128. Bedroom G16, 2018. Figure 129. Bedroom G17, 2018.

G18, G19 and G20: Hallway, Bathroom and Cupboard These areas used to be the northern part of the dining room that formed a scullery, linen cupboard and access hallway from the bedrooms to the dining room and the kitchen in the north wing. There is a door at the northern end of the current dining room (G06) through to G20 which used to be the scullery. The linen cupboard (G20) was converted to a toilet in the 1980s. The hallway (G18) is carpeted, the doors are six panelled, the walls are painted and the skirtings are polished timber.

Figure 130. Hallway G18, 2018. Figure 131. Bathroom G19, 2018. Figure 132. Cupboard G20, 2018.

G21, G22 and G23: Bedroom, Hall and Bathroom These three rooms were once one room known as the boy’s bedroom, as indicated on a 1960 plan of the house. The fireplace was along the eastern wall. The much smaller bedroom (G21) overlooks the northern verandah and was only accessed through the northern end of the dining room. The walk-in-robe (G22) and bathroom (G23) were added by the Andersons, removing the fireplace on the northern wall where the bath is now located. The floor in the bedroom and robe is carpet, and the bathroom floor is tiled. All joinery is painted and the doors have 6 panels. Both windows to the north verandah have internal and external shutters and all the walls are painted.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 120

Fernhill Estate 4.0 Physical Evidence

Figure 133. Bedroom G21, 2018. Figure 134. Hall G22, 2018. Figure 135. Bathroom G23, 2018.

G24 and G25: Hallway and Bathroom These two rooms were originally the pantry and were reconfigured in the 1980s to form two rooms: hallway (G24) and bathroom (G25). Changes include a new internal stone wall that now acts as the western wall of the hallway and a new door at the northern end to provide access to rooms further altered to become bedrooms and hallways. The pantry was formerly only accessed off the verandah of the internal courtyard.

Figure 136. Hallway G24, 2018. Figure 137. Bathroom G25, 2018.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 121

Fernhill Estate 4.0 Physical Evidence

G26, G27 and G28: Bedrooms and Hallway These two bedrooms and the hallway were originally one room with a dividing interior wall. On the 1958 plan of alterations to the house by architects Peddle Thorp and Walker they are shown as a sitting room (G28) and office (G27). The hallway (G26) was formed in the early 1980s when these rooms were further altered to become bedrooms and a door installed to the stone stairs to the basement. Bedrooms (G27 and G28) both have painted walls and ceiling with a brass lighting fitting, they have sash windows (3 upper panes and 6 lower panes) with all painted window joinery, and a small painted timber skirting. The window to bedroom G28 was originally a door on the northern elevation, which was converted to a window with the 1980s changes. There are cracks on the wall of G28 near the window.

Figure 138. Bedroom G27, 2018. Figure 139. Bedroom G28, 2018. Figure 140. Hallway G26, 2018.

G29: Living Room This room was originally the kitchen with the pantry to the east (G24). It was converted into two bedrooms in the early 1960s with a new kitchen in the south wing of the house. It was refurbished again in the 1980s to become a living room with a new door in the northwest corner of the room. The north wall is currently inset with Huon pine from Tasmania with a timber and marble chimneypiece.213 The ceiling is painted timber panels added in the 1980s. The two sets of windows on the south wall of this room are sash windows (3 upper panes and 6 lower panes) with painted window joinery. When this was the kitchen it had four fireplaces on the north wall, the floor was stone flagging. The main fireplace was in-filled by the 1950s to accommodate an early cast iron stove. Evidence of sloped ceilings remain above the new fixed ceiling.214 It is not known if the original fireplaces along the northern wall are still present behind the cedar panels, however, the addition of the new door in the north-west corner of the room may have removed a chimney in this area. There may be evidence in the roof space of the original layout of this room.

213 Anderson pers. comm. as cited in the Davies CMP, 2014. 214 Davies CMP, 2005, 99-100. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 122

Fernhill Estate 4.0 Physical Evidence

Figure 141. Living room G29, 2018.

G30: Bedroom This may have originally been a servants’ bedroom. On the 1958 plan of alterations to the house by architects Peddle Thorp and Walker it is shown as a bedroom. It used to have a doorway through to the room to the east which has been enclosed to form a bedroom with a new door to the living room (G29).

Figure 142. Bedroom G30, 2018.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 123

Fernhill Estate 4.0 Physical Evidence

G31, G32, G33 and G40: Bedroom, Bathroom, Toilet and Dressing Room This was originally one room that was noted as the servant’s common room on an early plan of the house. It was altered to form three rooms from 1958 by architects Peddle Thorp and Walker: a man’s room with bathroom and toilet. These rooms are currently used as a bedroom (G31), bathroom (G32), toilet (G33) and dressing room (G41). Along the southern wall of the bedroom (G31) and part of the eastern wall of G29, where there is an external verandah, there is an unusual bricked arch and coursed brickwork above the door heads. It has been reported that the southern wall of what is now room G31 was rebuilt post 1960s but the reason is not known.215

Figure 143. Bedroom G31, 2018. Figure 144. Bathroom Figure 145. Toilet G33, G32, 2018. 2018.

G34 and G35: External Stairs These two sets of external stairs lead to different areas of the basement. G34 are the external stairs from the northern verandah to the basement room B01. G35 is a set of stone stairs that lead to the basement rooms B11 and B12.

Figure 146. External stairs G34, 2018. Figure 147. External stairs G35, 2018.

215 Davies CMP, 2014, 97. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 124

Fernhill Estate 4.0 Physical Evidence

G36: Courtyard The floor to the internal courtyard has always been sandstone flagging. There is a metal drainage grill in the centre of the yard and two along the wall of the south wing. The western side of the courtyard is screened by a high ashlar stone wall where there is a copper head and downpipe. The verandah skillion roof on the north wing has turned timber columns, which extend along the eastern side of the house to provide covered access to the south wing. The wooden columns are not original elements.

Figure 148. Courtyard, 2018.

G37: Southern verandah The southern verandah has sandstone flagging and sandstone doric columns with an entasis. The roof above the colonnade has an elaborate bowed timber frame.

Figure 149. Southern verandah, 2018. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 125

Fernhill Estate 4.0 Physical Evidence

G38: Northern Verandah The northern verandah has sandstone flagging and timber columns. There are several skylights along the verandah roof. The western end of the verandah has been infilled with a concrete slab and stone paving over the former coal chute. An access hatch remains, providing access to the area. In the basement a brick wall was constructed to separate the coal chute from the main basement area.

Figure 150. Northern verandah, 2018.

Figure 151. Access hatch on northern verandah, 2018. Figure 152. Former coal chute, showing rendered wall insert, 2018. G40: Verandah The western verandah has sandstone flagging and timber columns. The verandah soffit is lined with timber boarding. The wall of the building at this point consists of seven courses of stone above the flagging level with brickwork above. There is noticeable cracking to the brickwork.

Figure 153. West verandah G40, 2018. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 126

Fernhill Estate 4.0 Physical Evidence

Basement Rooms Ventilation to the basement was originally provided via high-level recessed openings to the ground level above. The floors in the basement currently consist of both timber floorboards and sandstone flagging. The walls are all stone blocks, some clad in vertical hardwood boards or a half height dado. The basement walls are 2 foot 6 inches (76.2 cm) thick. Some of the ceilings have been lined with cedar-finished timber boarding, which is likely to have coincided with installation of an air conditioning system. Others rooms in the basement have vaulted stone ceilings. New structural columns and large timber beams have been introduced into some rooms and there is evidence of modern stone cutting. The new joists are smaller than the original, leaving joist pockets exposed in the stone walls. Access to the basement is via two sets of stairs, one internal and one external, off the northern verandah. A separate part of the basement is accessed from a third set of stairs located externally adjacent to the underground water reservoir. Figures 154 to 156 show the development of the basement rooms from their original form to their current configuration.

Figure 154. Basement plan, 1958. JPAD, 2018.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 127

Fernhill Estate 4.0 Physical Evidence

Figure 155. Basement plan, 1974. JPAD, 2018.

Figure 156. Current basement plan. JPAD, 2018.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 128

Fernhill Estate 4.0 Physical Evidence

B01 and B02: Basement Rooms Both of these rooms have barrel vaulted stone ceilings and stone flagged floors. They were originally the wine storage rooms. There is a small vent on the northern wall of B01 and a covered opening in the floor below the northern wall. There are no vents on the wall of B02. There are double timber hinged doors with slit vents leading between rooms B03 to B02 and B02 to B01. The floor in B02 appears to have been recently replaced.

Figure 157. Basement room B01, 2018 Figure 158. Basement room B02, 2018

B03: Basement Room The sandstone flagging in this room is recent. It originally had a dirt floor in this area216. The ceiling has been lined with cedar finished timber boarding and there is an enclosed cupboard with a power- board on the western wall. There are lockable double timber hinged doors on both doorways. There are two ventilation grills in this room that connect to the ground level, on the southern and eastern walls. There are timber beams on the ceiling supporting one timber column in the centre of the room.

Figure 159. Basement room B03, 2018 Figure 160. Basement room B03, 2018

B04: Basement Room This room is situated under the ballroom with the same circular room configuration. The floor in this room was originally dirt and timber floorboards have been installed by a recent owner. The walls are sandstone blocks and clad with vertical hardwood boards at the southern curved end of the room with a half-height dado along the other walls. There are two timber columns that support timber beams running north to south along the ceiling. The ceiling has been lined with cedar finished timber boarding and timber clad air-conditioning ducts are visible. There are rectangular check outs in the

216 Hanly et al. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 129

Fernhill Estate 4.0 Physical Evidence upper stone course of the western and eastern walls. These may have supported a decorative timber element along the ceiling of this room or they may be evidence of previous joist timbers.

Figure 161. Basement room B04, 2018

B05 and B06: Basement Rooms These rooms are situated under the dining room. They have timber floorboards and the ceiling is lined with cedar finished timber boarding. There are several timber beams running east to west across the ceilings in B05. Along the western wall of both rooms the sandstone blocks are fully clad with vertical hardwood boards, and along the eastern wall the sandstone blocks have a half height dado. These rooms had a dirt floor prior to the 1980s alterations.

Figure 162. Basement room B05, looking into B05, 2018. Figure 163. Basement room B06, looking into B06, 2018.

B07: Basement Room The 1960 plan of the house notes this room was used as a grain cellar, and at the time it had a dirt floor. This room currently has timber floorboards and the ceiling is lined with cedar finished timber boarding. The sandstone walls have a half height dado clad in vertical hardwood boards.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 130

Fernhill Estate 4.0 Physical Evidence

Figure 164. Basement room B07, 2018.

B08: Hallway This was formerly part of the grain or coal chute with a dirt floor, which has been covered over and a rendered wall inserted.217 The southern and eastern wall is sandstone, and all walls have a half height dado clad in vertical hardwood boards. The extent of this room to the north is shown on the 1960 plan.

Figure 165. Basement hallway B08, 2018. Figure 166. Basement hallway B08, 2018.

B09: Basement Room This room is accessed off B10, both of which were used as a kitchen cellar. Both rooms have sandstone flagging, which is substantially cracked and fretting due to water damage. There is a large circular arch between these rooms as a decorative feature. The ventilation shaft on the southern wall of B09 does not have a grill. The ceiling in B09 is lined with cedar finished timber boarding.

217 Davies CMP, 2005, 105. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 131

Fernhill Estate 4.0 Physical Evidence

Figure 167. Basement room B09, 2018.

B10: Basement Room This room was originally the kitchen cellar when the kitchen was located in the north wing of the house. The curved stone staircase is known variously as a ‘flying’, ‘geometrical’ or ‘cantilever’ stair. It is constructed on a similar basis to an arch where each stone supports its neighbours and the blocks are only checked into the wall sufficiently to prevent rotation. This is an unusual type of staircase that generally died out after the 1840s. This type of staircase was generally used for much grander principle staircases so this humble stair to the cellar has a very high level of significance. The wrought iron handrail and balustrade are not evident in a photograph from the study by Hanly et al, and were therefore supposedly added at some point during or after the 1960s. This room has sandstone walls and stone flagged floors, both appear to be original. The ceiling is lined with cedar finished timber boarding. There is a bricked-up vent on the western wall and another partly bricked up vent on the northern wall with intrusive pipes and a power-board. This vent may have been bricked up when the door to the northern wall of G28 was converted to a window in the 1980s.

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Fernhill Estate 4.0 Physical Evidence

Figure 168. Basement room B10, 2018. Figure 169. Cantilevered staircase, 2018.

B11 and B12: Basement Rooms These rooms are accessed via the external sandstone stairs on the western side of the north wing of the house. Both rooms are noted on the 1960 plan of the house as having sandstone flagging, however only B12 retains any of the original flooring, with B11 having a dirt floor. However, its original use is not known. These rooms are currently used for services to the house, to which there are intrusive elements in the walls, ceilings and concrete pads on the sandstone paving.

Figure 170. Basement room B11, 2018. Figure 171. Basement room B12, external stairs G35 in background, 2018.

4.1.3.3 Other Buildings The Entertainment Building The Entertainment Building or “Great Hall” was constructed directly north of the original stables’ to a similar size and aesthetic in 1982. It has sandstone walls and replaced a smaller billiards room built by the Darlings.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 133

Fernhill Estate 4.0 Physical Evidence

Figure 172. Entertainment Building, 2018.

Covered Open Garage The covered open garage to the east of the Entertainment Building and west of the house was designed during Sorensen’s re-planning of the grounds for Darling in the 1970s. The garage has reinforced concrete floors, coursed sandstone rubble walls and a timber structure.

Figure 173. Covered open garage, 2018.

Manager’s Residence The Manager’s residence was built in the early 1980s on the other side of the access road. The residence has sandstone walls and a slate tiled roof with timber columns on the verandah. There is an associated open garage with a reinforced concrete floor, ashlar sandstone walls and a wooden superstructure with slate roof tiles.

Figure 174. Manager’s residence, 2018.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 134

Fernhill Estate 4.0 Physical Evidence

Workshop Located in landscape area 2, northwest of the house are ruins of the 1980s workshop building which was damaged by the 2000 bushfires. The structure is load bearing brick masonry walls with a concrete floor and timber roof structure. Within the ruins of this building are several building elements that appear to be salvage from other much older buildings, notably cast iron columns manufactured by P. N. Russell and Co., which date from the 1870s.

Figure 175. Ruins of workshop, 2018.

Aviaries Two aviaries are located in landscape area 2, both constructed in the 1980s. The rectangular aviary has a reinforced concrete floor, rendered brick walls and steel superstructure. It was damaged by the bushfire in 2000 and now contains a significant amount of debris and waste material. The circular aviary, which was also damaged by the 2000 bushfire, has a reinforced concrete floor, dressed sandstone block walls and timber superstructure. There are the remains of a copper sheeting detail at the junction between the stone and the timber.

Figure 176. Rectangular aviary, 2018. Figure 177. Circular aviary, 2018.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 135

Fernhill Estate 4.0 Physical Evidence

Maintenance shed To the south of the Workshop and north of the circular aviary is a steel framed, metal roofed maintenance shed. This was constructed on part of the concrete slab of the rectangular aviary in early 2014.

Figure 178. Maintenance shed, 2018.

Winery ruin The ruins of a building are located in landscape area 2, west of the house and paddocks and south of the aviary structures. Although known as the winery ruin it may never have been a winery. The Cox vineyard was located near Cox’s Cottage some two kilometres away making it geographically unlikely. The Cox family won medals for their wine making however the grapes of the Cox vineyard were killed off by Phylloxera in the 1870s so a winery after this date is unlikely. The structure is coursed ashlar rubble sandstone with two rooms below the level of the road. From the lower level on the western façade window and door openings are visible. Timber work within these openings has been burnt out, purportedly during the 2001 bushfire that also damaged the aviaries and workshop. Up to the 1950s the structure had a second storey, as evidenced by three small stone steps leading up from the roadway. The upper level was purportedly demolished by pillage from the overhead ropeway used by the Water Board to transport aggregate sourced from the Nepean River to the Warragamba Dam construction site.218 No documentary evidence of the date of construction has been found however its construction suggests it dates from the nineteenth century.

Figure 179. The so called ‘winery ruins’, 2018.

218 Darling pers. comm. as cited in Davies CMP, 2014 JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 136

Fernhill Estate 4.0 Physical Evidence

Loose boxes There are several loose boxes in the paddocks west of the house in landscape area 2, which were built of sandstone rubble in the 1980s. The roofs of these structures are in slate.

Figure 180. Example of a loose box, looking towards the stables and entertainment building, 2018.

Hay Barn There is a hay barn north of the service driveway in vicinity of the orchards. A barn was in this location by 1970 but the current building with a sandstone exterior façade and red brick interior walls appears to have been built by the Andersons in the 1980s.

Figure 181. Hay barn, 2018. Figure 182. Hay barn, 2018.

Small Gardener’s shed A gardener’s shed, directly southwest of the house was built in the 1970s in coursed dressed sandstone as part of Sorensen’s house garden.

Figure 183. Small gardener’s shed, 2018. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 137

Fernhill Estate 4.0 Physical Evidence

Large Gardener’s shed Another shed was built around the same time further south-west of the house adjacent to a small vegetable garden, which is a now a small vineyard.

Figure 184. Large gardener’s shed, 2018.

Swimming Pool, Bathhouse and Balustrade In the 1970s a swimming pool was introduced as part of the Sorensen design along with a concrete retaining wall and balustrade. The proportions of the swimming pool were altered under the Andersons in the 1980s. As designed by Sorenson, the swimming pool is situated on a sunken terrace so that views from the house remained unimpeded. The pool is concealed from the house by a balustraded wall and shrub planting. The pool house is set below the adjoining upper terrace, the paved roof providing a viewing area from the side of the former tennis court.

Circular lunge yard A circular lunge yard appears on aerial photographs of the property from the 1970s associated with the stockyards in this location, which may have been covered with a timber shingle roof in the 1980s. This circular yard still exists south of the 1980s stables complex. The large stables complex, residence and several outbuildings were constructed in the early 1980s in association with the racetrack. The racetrack and stables complex were added by the Anderson’s principally for Cheryl Anderson’s personal use, however the whole complex had relatively little use during their tenure.219 The Cox family bred race horses in the 1870s at ‘Cottage Stud, Fernhill,’ located near Cox’s Cottage, not located on this site.

Figure 185. Circular lunge yard, 2018.

219 Anderson pers. comm. as cited in Davies CMP, 2014. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 138

Fernhill Estate 4.0 Physical Evidence

Racetrack The racetrack is a large element sited for convenience on a flat area in the landscape of Fernhill. Its timber fencing surrounding the track was partly damaged by the 2000 bushfires and the surrounding stand of pencil pines was completely destroyed. A formal race event was held on the estate in 2013 and again in 2014, organised under Racing NSW. An initial 5-year licence to hold race events was granted. This recognises that the track is of sufficient quality to accommodate official race meetings.

Figure 186. Racetrack, 2018.

Lake A lake was constructed north of the house in the early 1980s, which included a stone pump house and retaining wall. This formed the main water source for the house replacing the stone reservoir to the west of the house.

Figure 187. Lake, 2018. Figure 188. Pump house, 2018.

There is no evidence of any building approvals for the Entertainment Building, Covered open garage, Manager’s residence, Workshop, Aviaries, maintenance shed or loose boxes

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Fernhill Estate 4.0 Physical Evidence

4.1.3 Box Drain, Walls, Fences, Bridges and Quarries Running from the west of the house to the south end of the original stables are the remnants of a stone box drain. It has stone sides and a dished base and portions of it retain remnants of a stone lid. It may be the original main cellar drain and was purportedly discovered during construction works in the 1980s.220

Figure 189. Box drain, 2018. Figure 190. Box drain, 2018.

There are various retaining walls and fences around the property. Numerous reinforced concrete and stone-faced walls act as animal enclosures and in some cases as changes of level, throughout the property. The majority of these were built by the Andersons in the 1980s. A c. 1980s stone wall extends the length of the main driveway and around the paddocks west of the house. This is a major site feature constructed in the 1980s. It is a freestone wall with tapered shape, which, while a strong visual element, does not relate to any historic forms on the site and intrudes on the historic cultural landscape.

Figure 191. 1980s retaining wall, 2018.

220 F. Gardiner pers. comm. in Ian Stapleton, Mulgoa Valley Regional Environmental Study, NSW Department of Environment and Planning, 1983. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 140

Fernhill Estate 4.0 Physical Evidence

An earlier stone wall exists in several locations around the house garden, which has distinctive banding of large and small coursed sandstone rubble with a peak top course.221 This stone wall may be contemporary with the house or possibly late 19th century. There is timber post and rail fencing that forms paddocks to the south-west of the house and throughout the eastern section of the property; this was added by the Andersons during the 1980s and 1990s. There is a high wire fenced area north of the house that was previously used to house rare animals first by the Darlings and later by the Andersons. There are two stone bridges that cross over a tributary creek from the southern driveway as it heads north towards the house. Stone bridges were original elements described by early visitors to the house along the carriage drive to the house. These bridges were partially rebuilt in the early 1960s. In the early 1980s the eastern abutments of the two bridges were excavated and rebuilt and the western abutment of at least one bridge was rebuilt in reinforced concrete. Both bridges are constructed of sandstone blocks with drains underneath.222

Figure 192. Stone bridge 1, 2018. Figure 193. Stone bridge 2, 2018.

The quarry used to source sandstone for Fernhill’s early buildings is located below the road that leads past the aviaries and workshop building to the north-west of the house. There is currently a concrete retaining wall between the aviaries and the road, which may date to the mid-20th century when the chicken hatchery was built in this location. A second quarry is located on the far bank of the creek opposite.223

4.1.4 Access and Driveways There are two main driveways at Fernhill, the southern and the northern. Both are accessed off Mulgoa Road. The southern driveway is the original carriage drive to the house that meanders through an avenue of apple gums (Angophora flori-bunda and A. subvelutina) across stone bridges and gullies up to the house. The partial realignment of the beginning of the driveway for about 100 metres and the current entry point off Mulgoa Road was established during realignment of the road for the construction of Warragamba Dam. The driveway deviation was planted with trees, presumably by the Darlings. The entry of this driveway from Mulgoa Road was flanked with stone fences with a timber gate in the 1980s. The landscape drive is particularly important in the planning of the colonial landscape and anything that affects it is detrimental to the appreciation of the colonial landscape.

221 Davies CMP, 2005, 82. 222 Davies CMP, 2005, 81. 223 Davies CMP, 2005, 89. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 141

Fernhill Estate 4.0 Physical Evidence

Figure 194. Southern driveway, 2018.

The northern driveway was constructed prior to 1947. The northern access gate is timber with a timber fence extending along Mulgoa Road. Also known as the service drive, it too was realigned due to the Mulgoa Road upgrade works. The original position was moved to the south to avoid the cutting on Mulgoa Road. There is no evidence of the earlier driveway visible in the landscape.

Figure 195. Northern driveway, 2018.

Other driveways were added north of the house in the 1970s providing access to the rear of the house and in the 1980s providing access to the manager’s residence and open garage. The original section of the main driveway that led to Cox’s Cottage remains visible within the landscape with some remaining flanking trees however the entry point and any remaining elements of the early gates were removed with the Mulgoa Road upgrade works. There is also a stone drain that runs along the northern edge of the southern driveway above the reflection pond. While its date of construction is unknown it is most likely to be part of the Anderson upgrade works of the site as the stonework is similar to the stone flanking walls. The driveways around the house to the north and west were established throughout the late 20th century. They now have a bitumen surface but it appears that they were gravel and dirt prior to the 1970s.

4.2 Analysis of Existing Fabric The Former Stables (1839) The former stables predate the building of the house on the estate. They were refurbished by the Darlings in the 1960s and substantially renovated by the Andersons in the 1980s. The roof and roof JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 142

Fernhill Estate 4.0 Physical Evidence structure, the flagging on the verandahs and in the coach house and the verandahs around the building all date form the 1980s. The original form of the rooms has been altered at the southern end with the removal of the original chimneypiece and the cutting through of a new door. Whilst significant damage was done to the original fabric of the stables as a result of the 1980s renovations, the original layout and uses of the building are still legible. None of the four spaces were originally connected, all opening directly out of the building to the east with the horse stalls and saddlery also opening to the west. The southern-most room originally had a chimneypiece, evidencing its use for human habitation with the other rooms being used as workshops or for stooge of equipment and animals. (Figure 10) Although the interior of one room has been rendered, in other spaces checkouts in the stonework indicate the position of the original loft floor. An additional course of stone was added to the walls during the 1980s replacement of the roof and a new stone lintel installed over new double timber doors to the former coach house. The floor of the most northerly room which contains horse stalls appears to still retain the original flagging with shallow dish drains for the removal of horse waste. Along the edge of the 1980s flagging of the eastern verandah is a stone dish drain of an earlier date. The current building is generally in very good condition however there is minor wall cracking between the bedroom and hall and the bathroom and hall. There is some bed joint loss on the north east corner of the Stables and settlement and cracking adjacent the stables western doorway. There are some broken glazing panes and some insect activity such as wasp nests. The building appears to be watertight.

The House (1842) It is understood that the house was in very poor condition when it was purchased by the Darlings in 1955 and the refurbishment of the house was undertaken from the late 1950s and completed in 1963. This work included the addition of a laundry to the north west of the building that has since been removed, the addition of a bathroom to the north east that still remains but in an altered form, the subdivision of several rooms and the conversion of the original latrines into bedrooms. Refer Figures 104 – 107. After purchase by the Andersons in 1980 extensive renovation and new building works were undertaken without local council or heritage council approval. Much damage was done to the original fabric during this time. An original wall in what is now the master bedroom was removed, fireplaces and doors were relocated, rooms were subdivided to add bathrooms, and the internal spaces of the south wing were destroyed and the wing extended to the west to form a new kitchen and laundry. Many of the primary rooms now have padded fabric wall finishes so that an examination of the masonry beneath is not easily possible. Much of the original cedar joinery, doors, architraves and skirtings remains and is in good condition. Stone flagging on the floors of the entrance hall and hall appear to be original and are in good condition. In the basement, the ceiling spaces were significantly altered by air conditioning, and a new hallway was constructed across the coal chute to join the two parts of the cellars. Some of the visible sandstone walls in the basement are showing signs of disintegration due to moisture. It is likely that other walls that are either fully or partially lined in timber boarding are also suffering from damp issues. The presence of water is clearly evident in some of the cellar rooms. In an analysis of the existing fabric of the house there several elements that support the hypothesis that this was intended to be a two-storey house. The existence of the second hall in a single storey house is peculiar. In a two storey house the second hall would have been the stair hall and in a house of this period and grandeur would have probably contained a grand geometrical or cantilever stone stair, possibly with an oculus in the centre of the ceiling. The small size and awkward placement of bedrooms in the original house suggests that bedrooms were originally intended to be upstairs. Although an original wall was removed to form the current master bedroom in the 1980s, this wall purportedly had a timber structure and therefore is unlikely to have been part of the initial design. The removal of this wall establishes the symmetrical geometry that would be expected of the rooms either side of the entry.

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Fernhill Estate 4.0 Physical Evidence

A further factor pointing to the likelihood of this house originally being designed as a two-storey dwelling is the height of the building. The primary rooms in the house have ceiling heights of over 4.8m, far greater than is typical for a single storey house of this period. An analysis of the existing fabric and the original plan form also informs the thesis that this building was designed by the colonial architect Mortimer Lewis. In his book The Australian Colonial House James Broadbent sets out the evidence for this theory.224 In summary: • The heaviness of the detailing is similar to that of Lewis’s public buildings • The form of the Ballroom (Drawing Room) with a fully semicircular bay located on the long side of the room is similar to only two other houses of the period, Mount Adelaide and Richmond Villa and both were designed by Lewis. • Lewis houses have 5 windows in a bay opposed to other designs at the time commonly having 3. • Lewis was the agent when the house was put up for lease.

The above reading of the building is still legible in the existing fabric despite the alterations and additions that have taken place. In 2013 remedial and maintenance works were undertaken largely related to roof, gutter and downpipe repairs The house is currently in very good condition with some minor issues including; The roof of verandah 2 has settled and has decayed timber beams, there is rising damp and contour scaling of the sandstone in the eastern porch and in the basement undercroft and stair cellar wall, seepage water penetration and rising damp in the eastern wall Cellar, erosion of the hard dampcourse bedding along the Northern bedrooms, minor cracking of the sandstone lintels around the curved doors of the Ballroom and the Dining Room facing the courtyard, moderate external cracking and block displacement in the new laundry western wall, loose and decayed eaves soffits around the Sitting Room, settlement of eastern area of the curved Stair, moderate cracking in the high-level brickwork between Verandah 4 and the bedroom and minor wall cracking in the north west Bathroom

The Entertainment Building (1982) The Entertainment building was built in 1982 mimicking the renovated 1839 stables building. It is in very good condition.

Covered open Garage (c. 1970) This building was constructed around 1970 as part of the Sorenson works to the garden. It is in fair condition although a section of the western fascia beam has sagged and requires replacement.

Manager’s residence (c. 1980) This is a masonry building constructed in the early 1980s. It is in very good condition.

Aviaries (c. 1985) The rectangular aviary and the circular aviary were both constructed in the mid-1980s. They were burnt out by a bush fire in 2001. They are currently in a ruined state but the circular aviary’s stone base is intact. “Winery Ruin” (c. 1880?)

224 Broadbent, Colonial House, 219-220. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 144

Fernhill Estate 4.0 Physical Evidence

This building is now a ruin of coursed ashlar rubble sandstone with two rooms below the level of the road. The window and door openings show the remains of timber framing that has been burnt out probably during a bushfire. Up to the 1950s the structure had a second storey, as evidenced by three small stone steps leading up from the roadway. Its construction suggests that it dates from the nineteenth century.

Hay Barn (c. 1985) This is a masonry building with a copper roof constructed in the mid-1980s. It is in very good condition.

Small Gardener’s Shed (c. 1975) This is a masonry building constructed in the mid-1970s. It is in very good condition.

Large Gardeners Shed (c. 1975) This is a masonry building with some cracking and whose timber elements are in very poor condition. The southern verandah posts have decayed, one post is propped. There is severe termite damage around the double door frame and there is severe cracking in the toilet eastern wall.

Swimming Pool, Bathhouse and Balustrade (c. 1975) The swimming pool is a feature of Sorenson’s garden design along with the associated bathhouse and concrete balustrade which is badly deteriorated. The pool is not permanently fenced.

Circular lunge yard (c. 1975) This is a timber building constructed in the mid-1970s. It is in very good condition.

Racetrack (c. 1985) The Racetrack was constructed in the mid-1980s and is in very good condition.

South Bridge (c. 1842, partially rebuilt 1960s, and 1980s) The south bridge has been partially rebuilt twice. In the 1980s a combination of reclaimed and new material appears to have been used to reconstruct the bridge. The stone culvert appears to be original.

North Bridge (c. 1842, partially rebuilt 1960s, and 1980s) The north bridge has also been partially rebuilt twice. The second time in the 1980s concrete and cement render was used to reconstruct the downstream side and now the only original material visible here is the stone culvert below. The upstream side of the northern bridge is original fabric but sections of it are in very bad repair.

4.3 Assessment of Archaeological Potential Several guideline documents exist to guide the management of the State’s archaeological resource, including:

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Fernhill Estate 4.0 Physical Evidence

Archaeological Assessment Guidelines for historical archaeological sites and remains by NSW Department of Urban Affairs and Planning (1986); Aboriginal Cultural Heritage Standards and Guidelines Kit for Aboriginal archaeological objects and sites by NSW National Parks and Wildlife Service (1997) Assessing Significance for Historical Archaeological Sites and Relics (2009). Several archaeological reports have been undertaken at Fernhill or the greater Mulgoa Area including: Historical archaeological study of the Penrith LGA in 1986 by Wendy Thorp; Aboriginal archaeological study of the Penrith LGA in 1986 by Elizabeth Rich; Aboriginal archaeological study of portion of Fernhill Estate and other landholdings by Owston Nominees No. 2 Pty Ltd in 2006 and 2010 by Austral Archaeology; and Historical archaeological study of portion of Fernhill Estate and other landholdings by Owston Nominees No. 2 Pty Ltd in 2010 by Austral Archaeology Archaeological potential is defined as:225 The degree of physical evidence present on an archaeological site, usually assessed on the basis of physical evaluation and historical research. Common units for describing archaeological potential are: • known archaeological features/sites (high archaeological potential); • potential archaeological features/sites (medium archaeological potential); • no archaeological features/sites (low archaeological potential). As part of the assessment of Fernhill’s Aboriginal heritage values and archaeological potential by Austral Archaeology, consultation was undertaken with five Aboriginal community groups in 2006. Nine Aboriginal archaeological sites were discovered on sites adjoining Fernhill Estate. There is an open artefact scatter on Landscape Area 7 (eastern side of Mulgoa Road) and isolated Aboriginal site finds in the vicinity. Fernhill Estate has low archaeological potential associated with the house and 1839 stables, as changes to the landscape around the house since the 1960s has disturbed these areas. A substantial amount of fill has also been introduced to build up the garden around the house, therefore the likelihood of impacting on potential relics, such as the original carriage loop east of the house, is unlikely if undertaking basic garden maintenance or new plantings. The cesspit located under the extension of the south wing of the house in the 1980s has high archaeological potential, however the extent of disturbance is unknown. There is what is likely to be a stone drain running along the northern edge of the southern driveway, which is partly exposed that may require further investigation if undertaking future works to the driveway. There may be archaeological potential on the additional lands at 1177-1187 Mulgoa Road, in the area of the former post office. This property is listed on the Penrith LEP as an archaeological site.

4.4 Assessment of Views and Vistas Fernhill Estate retains views over the Mulgoa Valley and the essential landscape principles of an eastern prospect can be appreciated from the house. In the past it is likely that more direct and immediate views from the house and estate at Fernhill to St Thomas’ Church and to a lesser extent, Cox’s Cottage would have been visible, however these views are reduced by regrowth of the native trees on the property. It is possible that at least some of the historic views, notably from the bend in the drive to St Thomas’ steeple can be recovered.

225 Heritage Office, Department of Urban Affairs and Planning, Heritage Curtilages, 1996 JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 146

Fernhill Estate 4.0 Physical Evidence

Views and vistas are present to and from the house, from the house to the Mulgoa Valley and some minor and remnant view lines from Mulgoa Road to the house garden.

Figure 196. Views and vistas plan. (Source: JPA&D, 2019)

Figure 197. View from Fernhill house looking south towards the stable complex, with the 1980s stone wall cutting across the historic cultural landscape, 2018.

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Fernhill Estate 4.0 Physical Evidence

The views have been modified due to the following changes: Changes to the estate in relation to the garden setting around the house and the introduction of new landscape elements, including changes to levels and the creation of platforms and features around the house, from the 1960s onwards, • The regrowth of mostly Cumberland Plain Woodland to portions of the southern, northern and western precincts of the estate which has partially obscured the visual relationship between the historic built forms and elements. The landscape features at Fernhill during its early history that conformed to picturesque landscape principles included: • The serpentine carriage drive approach to the house, which looped around the hillside, revealing the form of the house to the visitor as they approached, terminating in the, now removed, carriage loop to the east of the house, now the southern driveway; • Damming a creek to form a pool that reflected an image of the house to the visitor progressing up the carriage drive (southern driveway) noting that the view line and reflection is no longer extant; • The ornamental sandstone bridges, which were also viewed from the entry drive in various locations, but which are also now obscured by vegetation; • The clustering of exotic plants such as Camphor laurels and various pines, including Stone, Bunya and Hoop, closer to the house; • The small pleasure garden of deer and other game animals and birds; and • The former views to St Thomas’ Church and Rectory, which was lost to fire in the 1960s, from the Fernhill house. The early setting of Fernhill, which can probably best be seen in the earliest of the aerial photographs, taken before the site was altered or upgraded, is of a very simple expansive landscape where the house, the entry drive, the reflection pond, the church and the selected parkland trees allowed an expansive and very open landscape. The views and vistas to and from Fernhill have been substantially altered by the following specific factors: • Changes to the garden around Fernhill homestead by Paul Sorensen in the 1970s including the pergola, rose garden, tennis court, new parking area and Chinese elm grove and landscaped terraces; • Changes to the landscape of Fernhill Estate by the Andersons in the 1980s including the addition of the stone wall that extends the length of the driveway from Mulgoa Road to the house, new plantings across the site and pines around the lake to the north of the house and around the racetrack, which were largely removed by the 2000 fires; • New buildings at Fernhill by the Andersons in the 1980s including the erection of a games room to the north of the 1830s stables, and the addition of a new stables complex to the west of the racetrack; • The realignment of Mulgoa Road in 1949 and subsequent native revegetation on either side of the road; • The construction of various dams around the property with perimeter tree growth; • Native revegetation in the area between St Thomas’ Church, Fernhill and Cox’s Cottage; • Native revegetation along Littlefield’s Creek, along the southern property boundary; and • General increase in the extent of tree and other vegetation growth across the property from natural regrowth and introduced plantings.

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Fernhill Estate 4.0 Physical Evidence

There are a range of views within the estate that reflect the overall landscape character. Many of these are fine and impressive views and some provide insights into how the property would have been prior to the 1960s when changes to the landscape started to take place. The views that are significant within the property relate in particular to the arrival and travel along the main driveway, around the reflection pond approaching and across the stone bridges and the approach to the house. Where possible a more open view should be considered to place the historic elements into some of the context in which they were designed. The fundamental principles of the ‘Picturesque’ are retained across much of the property. In summary the views from the entry drive should largely be retained either in their present form or by opening up the upper sections of the driveway to enhanced views and changes to the landscape in this area should be controlled to avoid visual impact on the experience of approaching the house along the main driveway. Views also need to be considered to the house, where they may be available from the public realm. There are two public roads that provide views into the core estate. There are some overviews available from the edge of Mayfair Road as it climbs towards its western end and there are some views from Mulgoa Road onto the property. The views from the frontage along Mulgoa Road in relation to the original grant area are limited, this due to the gradual accretion of vegetation over time and the natural topography of the place that limits visual access to the property. There are two entry drives to the property from Mulgoa Road are the only locations where it is possible to view into the property from the public realm. There is also considerable realignment of Mulgoa Road, not just in plan but also in terms of cut and fill that has obscured views into the property. Mulgoa Road, in its earlier form meandered with the topography there was potential for more substantial views into the property. This restriction in viewing to large estates along the Mulgoa Road is typical, Glenleigh being another example. It is also noted that even the church, which is relatively close to the road alignment, is partially obscured from the road, however this view may be recoverable. The second area of views is across the currently open paddocks (apart from a single house and sheds) immediately north of the Mulgoa township. There are some views across the landscape that provide a distant view of the grassed slopes leading up to the house garden, a dense area of vegetation that forms the house garden and a glimpse of a roof beyond. This view is in two specific locations, either side of the existing house but is more available to the south of the house. These are not historic views or planned views. They are incidental views that provide a glimpse of the property.

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Fernhill Estate 5.0 Assessment of Cultural Significance 5.0 Assessment of Cultural Significance 5.1 Comparative Analysis The following section looks at five properties that have similar elements to Fernhill and which through a comparative analysis can enrich our understanding of the Fernhill estate and House. The following examples have been examined: • Mount Adelaide • Richmond Villa • Tempe House • Hobartville • Kinross

5.1.1 Mount Adelaide The design of Mount Adelaide, which was constructed by Mortimer Lewis for himself in 1843, is seen by Broadbent as proof of Lewis’s authorship of Fernhill. Though Mount Adelaide was constructed either immediately following, or in the final stages of, Fernhill’s construction, Broadbent believes that the former was designed first. Broadbent states that Mount Adelaide’s plan was taken from the property The Holme, in Regent’s Park, and that the plan of Fernhill is a further elaboration on the Holme. Mount Adelaide, like Fernhill, features a semi-circular projecting bay, encircled by five French windows. Mortimer Lewis is known for having 5 windows in bays of houses he designed. Other architects generally had three. The projecting bay is emphasised by a stone flagged verandah that wraps around three out of four of the house’s elevations. The verandah soffit rafters are similar to those at Fernhill. The opposite elevation featured the main entry-way, which was reached by a few steps, and covered by a porte-cochere. The porte-cochere was supported by two columns and two half columns of the Ionic order, mounted onto pediments. This porte-cochere could give some indication as to the architect’s intentions for the main entry way at Fernhill. The house was demolished in 1912.

Figure 198. Mount Adelaide at Darling Point (Source: Figure 199. Mount Adelaide at Darling Point (Source: Caroline Simpson Library) Caroline Simpson Library)

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Figure 200. Floor plan of Mount Adelaide (Source: Broadbent, Colonial Houses, 219)

5.1.2 Richmond Villa Richmond Villa was designed by Mortimer Lewis, and built between 1849 and 1851. In the 1970s the house was disassembled and moved to its current location. The house was designed in the domestic Gothic Revival style, with elements of the Romantic, such as the decorative verandah, eaves, and fascia and barge boards. These elements were likely inspired by Ziegler’s The Royal Lodges, and presaged the impending Romantic movement in architecture.226 The house is two-storeys, with an underground basement accessed by what would have been the back stairs. The house is constructed of thick sandstone walls, and features a stone flagged verandah. Similar to Fernhill, the ground floor features a semicircular projecting bow window, in this case in the drawing room. The bow window is lined with five sets of French windows, which feature transom lights and internal shutters. Unlike Fernhill however, the verandah is straight, and cuts across the face of the curved window. The roof was originally timber shingles, and was replaced with corrugated iron around 1890.

Figure 201. Richmond Villa in the 1950s (Source: Figure 202. Richmond Villa in the 1970s. (Source: Sydney Living Museums) Department of Education)

226 ‘House “Richmond Villa” Including Interior’, Office of Environment and Heritage, https://www.environment.nsw.gov.au/heritageapp/ViewHeritageItemDetails.aspx?ID=2423502 Nominated Architect Jennifer Preston. Registration number 6596. Registered Business Name JPA&D Australia Pty Ltd. ACN 100 865 585 ABN 32 100 865 585

5.0 Assessment of Cultural Significance

Figure 203. Floor plans of Richmond Villa (Source: Broadbent, Colonial Houses, 221)

5.1.3 Tempe House Tempe House was constructed between 1833 and 1836, designed for merchant A. B. Spark by the architect, John Verge. A. B. Spark was a prominent member of Sydney business and society soon after his arrival in 1823. John Verge was for a period in the 1830s the most prolific architect in Sydney, designing a vast array of private residences and public structures. Through his designs, Verge “brought a more comprehensive range of Regency 'styles' to Australia than any contemporary architect.”227 The design of Tempe House is unusual for colonial Australia, being of Italianate, rather than Grecian design. It was designed as a picturesque rural retreat for Spark, and similar to Fernhill was situated on a slight rise in the landscape. The estate on the Cook’s river, featured a deliberately modified natural element, known as Mt Olympus, which was planted with Australian shrubbery, and provided a picturesque backdrop for the house.228 The house’s most striking feature is the two semicircular porches to either side of the front entrance, which feature twin pediments, and turned wooden Tuscan columns supporting bold entablatures. The soffits of these porches show similar curved rafter detailing to that of the main verandah soffit at Fernhill.229

Figure 204. Tempe House (Source: Heritage Branch)

227 Harley Preston, “Verge, John (1782-1861)”, Australian Dictionary of Biography, http://adb.anu.edu.au/biography/verge-john-2757, published first in hardcopy 1967, accessed online 21 November 2018. 228 Tempe House and St Magdalene’s Chapel, Office of Environment and Heritage, https://www.environment.nsw.gov.au/heritageapp/ViewHeritageItemDetails.aspx?ID=5045451 229 Broadbent, Colonial House, 39 Nominated Architect Jennifer Preston. Registration number 6596. Registered Business Name JPA&D Australia Pty Ltd. ACN 100 865 585 ABN 32 100 865 585

Fernhill Estate 5.0 Assessment of Cultural Significance

Figure 205. Tempe House (Source: Heritage Branch)

5.1.4 Hobartville Hobartville was completed in 1828 for William Cox junior. The house is constructed of brick, and is two-storeys. The entrance hall and staircase give some idea as to what may have been intended at Fernhill. The hall has a curved wall, which supports the cantilevered staircase to the left of the entry way. A wide, low fanlight above the door lets in light. Directly opposite the main entrance is the door to the drawing room, which is flanked by two round-headed niches. The drawing features a large three-sided projecting bay, with brick pilasters at each corner. This shape is replicated in the upper storey, with the large bedroom also including built-in cupboards, and shutters on the door. Similar to Fernhill, the drawing room is lit by French windows, though Hobartville has three instead of five. The wide eaves of the roof project out, and this movement is repeated in the verandah of the ground floor. The entrance elevation is twice as wide as it is high, with a low hipped roof. The two storeys are divided by a string-course. The elevation has 10 openings – the door is flanked by two windows on either side, with three directly above, and four more windows towards the ends of the facade. This symmetry is not continued inside; a window to the left of the door is a dummy, as behind it is the staircase.

Figure 206. Architectural drawings of Hobartville, by WH Figure 207. Hobartville viewed from a distance, Wes Wilson (Source: National Library of Australia) Stacy (Source: National Library of Australia) JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 153 5.0 Assessment of Cultural Significance

5.2 Definition of Curtilage

Figure 208. State Heritage curtilage of Fernhill.

Nominated Architect Jennifer Preston. Registration number 6596. Registered Business Name JPA&D Australia Pty Ltd. ACN 100 865 585 ABN 32 100 865 585

Fernhill Estate 5.0 Assessment of Cultural Significance

The additional lands at 1119-1145 and 1147-1187 Mulgoa Road purchased by the Department in 2019 are referred to as ‘Fernhill curtilage’ on the Penrith LEP, however they do not form part of the State significant heritage curtilage of Fernhill.

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5.3 Statement of Significance The following statement of significance draws in part on the State Heritage Register listing and the previous CMP statement. Fernhill Estate is of state heritage significance for its historical, associative, aesthetic, research, rarity and representative values. It is of local significance for its social values. The site reflects the cultural, social and economic aspects of the entire colony, but particularly that of the pastoral class, at the time of its construction and these aspects can be easily interpreted by looking at Fernhill. Fernhill Estate demonstrates evidence of significant activity during a historically significant period in colonial NSW. It demonstrates continuous use since the 1830s as an agricultural estate although only two major periods of development. The site is associated with the early colonisation of the western Cumberland Plain, specifically the Mulgoa stretch of the Nepean Valley. The Fernhill Estate lands were originally granted in 1809 to a then 4-year-old Edward Cox, son of William Cox. The grant was reiterated by Governor Macquarie in 1810. The landscape retains its cultural significance. Fernhill house is significant as evidence of the impact of the 1840s recession on the landed class of the colony. The site is significant at a state level for its association with the Cox family, particularly Edward Cox, its original grantee, and his son Edward King Cox. Edward’s father William was a military officer, roadmaker and builder who was involved in numerous important projects of the day, including the first road over the Blue Mountains. It was also a magistrate and a major landholder and agriculturalist. Edward and Edward king contributed to the improvement of the quality of Merino wool in the colony, undertaking research and training in England and Europe which they then applied to their flocks at home. Edward King was also an important figure in the equine bloodstock and horse racing industries. Fernhill is important as one of a group of estates in the area associated with the Cox family, including Cox’s Cottage, Winbourne and Glenmore, in addition to St Thomas’ Church. Winbourne house was destroyed by fire in 1920, but the other Cox properties are also listed on the State Heritage Register. At a local level, Fernhill is significant for its association with Richard Beindge Baynes, mayor of Mulgoa and alderman of Nepean. Fernhill Estate has aesthetic significance as a rare surviving colonial example of a park-like estate in the picturesque style. It displays the design principles of this aesthetic movement when viewed from both outside the estate and within it and remains an important cultural landscape. The Fernhill landscape is particularly significant for its reliance on the selective removal of native plant species rather clearing then planting introduced species. The original design had important visual connections between Fernhill house, Cox’s Cottage and St Thomas’ Church, with an overview of Mulgoa Road in its original alignment. These visual connections have been lost through vegetation regrowth but could be re-established if selective removal were employed on the estate again. Fernhill house is a Greek Revival temple style building which retains its aesthetic significance, set on a rise in the landscape. It is a beautiful and imposing building with well-planned rooms and many finely detailed original features intact both internally and externally. Fernhill Estate is significant to the community of western Sydney and particularly of Mulgoa. It contributes to the local sense of identity and community, partly because of its age, as the area has developed around it, and partly through the strong association the community has with the achievements of the Cox family in the area. Fernhill Estate has numerous areas of significant research potential. The parkland landscape has potential to yield new information about indigenous land management practices, including whether the selective removal undertaken by Cox had been commenced by earlier occupants. The estate generally may also contain areas and items of significance to the indigenous people of the Mulgoa area. No documentary evidence has been found to date identifying the architect of the house and this research question is a significant one. There is further research potential into whether the construction of the house bears any fabric evidence of the intended second storey. There is archaeological potential in the areas around the house affected by the Sorensen works, such as the porte-cochere and carriage loop, and the 20th century extensions to the building. It is likely that there

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 156 Fernhill Estate 5.0 Assessment of Cultural Significance are archaeological deposits in the quarry, the former cesspits, as well as the sub-floor and roof spaces of the house and the stables. Fernhill Estate demonstrates multiple rare features. The still evident picturesque landscape design is rare in itself, but particularly so given the scale of the estate and the rarity of a curtilage of this size remaining intact under urban pressures. The landscape design is especially rare for its use of native vegetation instead of introduced ornamental species. The estate also has rare stands of remnant native vegetation which have survived the large-scale clear felling known to have occurred through much of the Cumberland Plain, including Cumberland Plains Woodland and Shale Sandstone Transition Forest which are both listed at state and federal levels as endangered ecological communities. Fernhill house and stables are rare surviving examples of construction from the 1830s and 1840s, still largely in their original forms, with modifications reflecting nearly 200 years of continuous use, which is also a rarity. Within the house, one item of particular rarity is the sandstone geometric stair. In Australia, the geometric stair is a form found in the period from the early 1800s to around 1845, which is more often associated with the grander spaces of a house. At Fernhill, the geometric stair leads from behind the former kitchen area down to the basement – it is a utilitarian stair of very fine but austere detailing. Fernhill Estate is a fine example of a Colonial period agricultural estate, also used as the head station as the land holdings of the family expanded to the west. This is typical of such estates and their pattern of use over time. The estate demonstrates the way of life of the Cox family and their servants. The original outbuildings and structures on the site are evidence of what they valued and how these values evolved as the colony grew. It further represents advanced cultural attitudes of the pastoral class at that time. It is outstanding and rare in its scale and fullness that grasps the natural landscape. The original landscape design is still evident and is representative of its type as a highly sophisticated European cultural landscape of the period. The later Sorensen works, although subsequently modified, reflect his body of work, although not a premium example of it. Whilst the cultural overlay of later periods does contribute to the history of the site, the twentieth and twenty first century work is of lesser significance than that of the colonial period and as such can be modified or removed if in doing so the appreciation of the colonial work and landscape is enhanced.

5.4 Review against State Heritage Register Criteria The Heritage Council of NSW has developed a set of seven criteria for assessing heritage significance, which can be used to make decisions about the heritage value of a place or item. There are two levels of heritage significance used in NSW: state and local. The following assessment of heritage significance has been taken from the State Heritage Register listing of Fernhill and amended in accordance with the ‘Assessing Heritage Significance’ (2001) guideline from the NSW Heritage Manual for the subject site. Only the site at 1041-1117 Mulgoa Road and its buildings have been assessed against the State Heritage Register criteria. The lands at 1119-1145 and 1147-1187 Mulgoa Road are not listed on the State Heritage Register, and so have not been included in this section.

Criterion A – Historical Significance An item is important in the course or pattern of the local area’s cultural or natural history. Fernhill Estate comprises an extensive area of modified and natural landscape, which provided a picturesque setting for a house completed c. 1842 for Edward Cox. The Estate demonstrates a unique phase in Australia's history with the rise of the landed pastoral estates. The construction of Fernhill and the layout of the Estate grounds coincides with the boom in the rural economy of the 1830s and the banking crisis of the 1840s. Fernhill had an important historical relationship with St. Thomas' Church and Cox’s Cottage that was previously also a visual relationship. Changes to the land east of the house have altered the relationship of the house with its landscape, St Thomas Church and Cox’s Cottage. This group of

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 157 Fernhill Estate 5.0 Assessment of Cultural Significance three sites demonstrate the ambitions and changes in wealth and status of the Cox family, an important early colonial family from 1810 to the 1880s. Fernhill has historical significance at a State level.

Criterion B – Associative Significance An item has strong or special associations with the life or works of a person, or group of persons, of importance in the local area’s cultural or natural history. The Cox family have a particular association with Mulgoa Valley where they lived for three generations between the 1810s and 1900s. The Cox family pioneer in the Valley was William Cox (1764-1837). William made a substantial contribution to the administration, building, pastoral and agricultural development of the NSW colony. William built Cox’s Cottage in the Valley for his sons in 1811. Each of William’s sons established their own estates in the Valley from the 1820s: Winbourne (George), Glenmore (Henry) and Fernhill (Edward). The Cox family is associated with the development and improvement of stock (cattle, sheep and horses), not just in Mulgoa, but throughout NSW. Fernhill also has an association with more recent wealthy families including the Darling’s and the Andersons. Fernhill has associative significance at a State level.

Criterion C – Aesthetic Significance An item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in the local area. Fernhill Estate retains much of its internal rural landscape character, but has lost its historic visual relationships with the Cox family's earlier house Cox’s Cottage and St Thomas Church. The house and garden have expansive vistas to the Mulgoa Valley. The property has significant views and vistas within the property, such as the winding carriage drive to the house with remnant glimpses of the house through the clumps of trees carefully created by thinning of native bushland and a reflection of the house in the lake along the southern drive. Fernhill is possibly the only surviving early colonial parklike estate in the Sydney region that may have been deliberately designed with the principles of an English Landscape Garden but relying entirely on indigenous plant material and the process of elimination rather than planting. The 19th century house garden layout has been altered; however various early plantings remain such as Bunyas and Stone Pines, and the Chinese Elm Grove, which contribute to the landscape setting of the place. Fernhill house is of very high aesthetic quality and was constructed of sandstone quarried on the site. The house was sited like a Greek temple on a rise with significant views to the Valley and to St Thomas’ Church and Cox’s Cottage. The house has been altered during the late 20th century which has reduced its integrity slightly but the aesthetic intent of the designer is still very readily apparent. The landscape was altered in character and detail during the late 20th century, which has reduced its integrity and changed the relationship of the house with its landscape setting. Despite the 20th century alterations it is an extremely important cultural landscape and more of its 19th century character is recoverable. Fernhill has aesthetic significance at a State level.

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Criterion D – Social Significance An item has strong or special association with a particular community or cultural group in the local area for social, cultural or spiritual reasons. Fernhill is of social significance at a Local level as one of the early colonial settlements in the Mulgoa Valley, which contributes to the community’s sense of identity. It is also able to provide us with an understanding of the social aspects of society at the time of its creation, particularly amongst the pastoral class in the colony.

Criterion E – Research Potential An item has potential to yield information that will contribute to an understanding of the local area’s cultural or natural history. Fernhill has low archaeological potential associated with the use of the house and 1839 stables. Changes in the house garden area since the 1960s has disturbed potential relics and a substantial amount of fill has been built up in these areas. The property may have Aboriginal archaeological potential on the western portion of the Estate. There is also potential to research the contribution indigenous burning practises may have had on the creation of the early park-like landscape and any possible associations with the frontier wars. Research into the winery ruin may reveal more about the activities carried out on the site as well as details of the original winery building. Further investigations of the roof space and room use of Fernhill house may provide further information in relation to whether it was designed as a two-storey structure. Fernhill has research potential at a State level.

Criterion F - Rarity An item possesses uncommon, rare or endangered aspects of the local area’s cultural or natural history. Fernhill Estate is significant for its cultural landscape, which is a rare Australian example of the English landscape school's practice of modifying the natural landscape to create a romanticised natural appearance embellished by a richness of cultural features. Fernhill’s setting is an extensive area of modified landscape that provided a picturesque approach to the historic house. Most properties throughout Sydney from this period have lost their landscaped grounds due to subdivision pressures, such as Elizabeth Bay House and Lyndhurst, which increases the rarity of Fernhill’s extensive cultural landscape. There are significant ecological communities on the Fernhill Estate, including Cumberland Plain Woodland and Shale Sandstone Transition Forest, which are both listed at the State and Federal level as an endangered ecological community. Fernhill House is a rare example of a grand colonial house with associated outbuildings and infrastructure, the full realisation of which was cut short by the 1840s depression. Fernhill has rarity at a State level.

Criterion G – Representative An item is important in demonstrating the principal characteristics of a class of NSWs (or the local area’s): • cultural or natural places; or

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• cultural or natural environments. Fernhill is representative of a Greek Revival architectural style colonial house that forms the central focus of a much larger estate with numerous outbuildings and pieces of built infrastructure. The picturesque landscape design for Fernhill, was popular at the time. Changes to the land east of the house have altered the relationship of the house with its landscape, St Thomas Church and Cox’s Cottage. Sorensen’s garden layout for Fernhill built during the 1970s was representative of his design approach but has undergone significant further change in the last 40 years. The remaining open pastoral landscape is representative of a ‘picturesque’ landscape approach that remains readable across the Estate. Fernhill has representative significance at a State level.

5.5 Grading of Significance 5.5.1 Basis for Assessment The grading of significance reflects the contribution a specific element makes to the overall significance of the item, as well as the extent the item’s significance would be reduced if the element were lost or modified. Fernhill has been assessed to enable grading of significance into the ranks of exceptional, high, moderate, little and intrusive. This process of assessment has included consideration of the following factors: • Quality of the original design • Intactness of the item • Age and amount of original material • Extent of later alterations and additions • Association with important people, events or groups • Ability to demonstrate rarity or technical value

Exceptional Significance Fabric which contributes most to the significance of the item. This may include original fabric and spaces which demonstrate particular intactness, rarity, historic or aesthetic value as well as original features and elements which are unaltered. Elements of exceptional significance should be retained and conserved in situ.

High Significance Fabric which is important to the significance of the item. This may include original and early fabric which is not in good condition, has been altered, reconstructed or added sympathetically, where these make an important contribution to the significance of the item. Elements of high significance should be retained, restored and conserved in situ. Other interventions to fabric of high significance may be permitted where the significance of the elements is retained.

Moderate Significance Fabric which supports the overall significance of the item. This may include elements which have some heritage value but are not key to the significance of the item, such as elements which have been modified, compromised or have deteriorated beyond repair. Elements of moderate significance may be adapted or relocated provided that the overall significance of the item is not affected.

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Little Significance Fabric which does not contribute to the significance of the item. This may include elements of no or neutral heritage significance, such as unsympathetic alterations and additions and elements added to improve functionality over time. Elements of little significance may be retained, replaced or removed as needed, as long as such works do not impact the significance of the item.

Intrusive Significance Fabric which degrades the significance of the item. This may include fabric which has been added without consideration of the values of the item, which obscures or confuses the ability to interpret the item. Elements of intrusive significance should be removed or modified to lessen their impact on the overall significance of the item.

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5.5.2 Grading of Significance of Elements

Figure 209. Plan of basement rooms. JPAD, 2018.

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Figure 210. Plan of ground floor. JPAD, 2018.

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Figure 211. Plan of stables. JPAD, 2018.

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Table of Grading of Significance of Elements For policies relating to specific items please refer to Section 8.2. Element Significance Commentary Context Visual and physical relationship of Fernhill Exceptional Should be maintained. Every house to Mulgoa Cottage and St Thomas’ effort should be made to re- Church establish the visual links between these properties. Relationship between Fernhill house and Exceptional The physical and visual link Mulgoa Road between the two should be maintained. Contribution of estate to Mulgoa Road Exceptional Views of the estate from Mulgoa Road should be maintained. Visual and physical relationship of house to Exceptional Should be maintained. estate Fernhill House Exterior - General Greek Revival style, including height, scale, Exceptional Should be maintained. form of original roof and detailing External sandstone walls, excluding laundry Exceptional Should be maintained. and kitchen extensions Exterior – North Façade, main wing Form of walls and rooves, including stone Exceptional Should be maintained. chimneys Sandstone walls, including pilasters and Exceptional Should be maintained. base course Bathroom extension Intrusive Could be altered or removed with appropriate approvals. North verandah, including coal chute, Exceptional Should be maintained. columns and timber roof structure Original relationship of coal chute to basement should be reinstated. Verandah stone flagging Moderate Outer edge appears original but has been relocated, remainder not original fabric, replaced in 1980s. Verandah roof, skylights, box gutter and Moderate Not original fabric, replaced in copper downpipes 1980s. Slate roof cladding, flashings, barge boards Moderate Not original fabric, replaced in and terracotta chimney pots 1980s. Pattern of openings Exceptional Should be maintained. Door and window joinery, including hardware Moderate Not original fabric, replaced in 1980s. Exterior – East Façade, main wing

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Element Significance Commentary Form of walls and rooves, including stone Exceptional Should be maintained. chimneys Sandstone walls, including pilasters and Exceptional Should be maintained. base course Entry porch Exceptional Should be maintained. Porch stone flagging Moderate Outer edge appears original but has been relocated, remainder not original fabric, replaced in 1980s. Verandah roof, skylights, gutter, barge Moderate Not original fabric, replaced in boards and copper downpipes 1980s. Slate roof cladding, flashings and terracotta Moderate Not original fabric, replaced in chimney pots 1980s. Pattern of openings Exceptional Should be maintained. Door and window joinery, including hardware Exceptional Should be maintained. and shutters Exterior – South Façade, main wing Form of walls and rooves, including stone Exceptional Should be maintained. chimneys Sandstone walls, including pilasters and Exceptional Should be maintained. base course Bowed form in front of ballroom Exceptional Should be maintained. South verandah and stone steps, including Exceptional Should be maintained. stone flagging, columns and timber roof structure Folded and rolled copper verandah roof, Moderate Roof was originally timber barge boards, copper gutters and downpipes shingles, later replaced with iron, replaced again in 1980s. Slate roof cladding, flashings and terracotta Moderate Not original fabric, replaced in chimney pots 1980s. Pattern of openings Exceptional Should be maintained. Door and window joinery, including hardware Exceptional Should be maintained. and shutters Exterior – South wing to east of WC Form of walls and rooves Exceptional Should be maintained. Sandstone walls, including capping and base Exceptional Should be maintained. course Slate roof cladding, flashings, barge boards Moderate Not original fabric, replaced in and terracotta chimney pots 1980s. Pattern of openings Exceptional Should be maintained. Door and window joinery, including hardware Moderate Not original fabric, replaced in 1980s.

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Element Significance Commentary Brick paved path Little Could be altered or removed with appropriate approvals. Exterior – South wing from WC to west Form of walls and rooves Moderate Mimics form of original south wing. Sandstone walls, including capping and base Intrusive Could be altered or removed course with appropriate approvals. Slate roof cladding, flashings and terracotta Intrusive Could be altered or removed chimney pots with appropriate approvals. Pattern of openings Intrusive Could be altered or removed with appropriate approvals. Door and window joinery, including hardware Intrusive Could be altered or removed with appropriate approvals. Brick paved path Little Could be altered or removed with appropriate approvals. Exterior – West façade, excluding south wing Form of walls and rooves Exceptional Should be maintained. Sandstone walls, including capping and base Exceptional Should be maintained. course Enclosed courtyard Exceptional Should be maintained. Relationship of courtyard to surrounding Exceptional Should be maintained. spaces Small verandah Exceptional Should be maintained. Sandstone walls, including capping and base Exceptional Should be maintained. course Slate roof cladding, flashings, barge boards Moderate Not original fabric, replaced in and terracotta chimney pots 1980s. Pattern of openings Exceptional Should be maintained. Door and window joinery, including hardware Moderate Not original fabric, replaced in 1980s. Sandstone stair to basement Exceptional Should be maintained. Interior – Generally Spatial configuration and floor plan of Exceptional Original with minor changes. basement and ground floors Should be maintained. Original internal walls, bare or plastered Exceptional Should be maintained. Original ceiling and roof structure Exceptional Should be maintained. Ground Floor Entry Hall - G01 Sandstone flagging Exceptional Paul Davies notes this fabric was replaced in the 1980s but the current fabric appears to

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 167 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary be the same as in 1970s photos. Should be maintained. Sandstone walls, plastered, and wall niches Exceptional Should be maintained. Ceiling, cornices and ceiling rose Exceptional Should be maintained. Doors and windows, including shutters Exceptional Should be maintained. Skirting boards Exceptional Should be maintained. Paint work, services, light fittings Little Could be altered or removed with appropriate approvals. Hall - G02 Sandstone flagging Exceptional Paul Davies notes this fabric was replaced in the 1980s but the current fabric appears to be the same as in 1970s photos. Should be maintained. Sandstone walls, plastered, and wall niches Exceptional Should be maintained. Ceiling and cornices Exceptional Should be maintained. Skylight High Reconstruction of earlier fabric Doors and windows, including architraves Exceptional Should be maintained. Skirting boards Exceptional Should be maintained. Paint work, services, light fittings Little Could be altered or removed with appropriate approvals. Sitting Room – G03 Timber floor structure and flooring Structure High, Floorboards replaced between boards 1958 and 1963. Moderate Sandstone walls, plastered Exceptional Should be maintained. Ceiling and cornices Exceptional Should be maintained. Doors and windows, including architraves Exceptional Should be maintained. and shutters Fireplace Exceptional Ostensibly by Clewett, possibly original. Should be maintained. Skirting boards Exceptional Should be maintained. Carpet floorcoverings, silk wall coverings, Little Could be altered or removed paint work, services, light fittings with appropriate approvals. Ballroom – G04 Timber floor structure and flooring Structure High, Floorboards replaced between boards 1958 and 1963. Moderate Sandstone walls, plastered Exceptional Should be maintained. Ceiling and cornices Exceptional Should be maintained.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 168 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary Doors and windows, including architraves Exceptional Should be maintained. and shutters Fireplace Exceptional Original. Should be maintained. Skirting boards Exceptional Should be maintained. Carpet floor coverings, paint work, services, Little Could be altered or removed light fittings with appropriate approvals. Hall – G05 Sandstone flagging Exceptional Should be maintained. Sandstone walls, plastered, and wall niche Exceptional Should be maintained. Ceiling and cornices Exceptional Should be maintained. Doors, including architraves Exceptional Should be maintained. Skirting boards Exceptional Should be maintained. Paint work, services, light fittings Little Could be altered or removed with appropriate approvals. Dining Room – G06 Timber floor structure and flooring Structure High, Floorboards replaced between boards 1958 and 1963. Moderate Sandstone walls, plastered Exceptional Should be maintained. Ceiling and cornices Exceptional Should be maintained. Doors and windows, including architraves Exceptional Should be maintained. and shutters Fireplace Exceptional Should be maintained. Skirting boards Exceptional Should be maintained. Carpet floorcoverings, silk wall coverings, Little Could be altered or removed paint work, services, light fittings with appropriate approvals. Kitchen – G07 Timber floor structure and flooring Little Fabric dates from 1980s Sandstone walls, plastered Exceptional Should be maintained. Ceiling Little Fabric dates from 1980s Pattern of openings Exceptional Should be maintained. Doors and windows, including screens Little Fabric dates from 1980s. Could be altered or removed with appropriate approvals. Joinery and appliances Little Could be altered or removed with appropriate approvals. Laundry, Cold Room, WC and Entry – G08, G09, G10 and G11

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 169 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary Timber floor structure and flooring Intrusive Fabric dates from 1980s. Could be altered or removed with appropriate approvals. Sandstone walls, plastered Exceptional / East of WC, walls are original. Intrusive Should be maintained. Remainder was constructed in 1980s. Could be altered or removed with appropriate approvals. Ceiling Intrusive Could be altered or removed with appropriate approvals. Doors and windows, including screens Intrusive Could be altered or removed with appropriate approvals. Joinery and appliances Intrusive Could be altered or removed with appropriate approvals. Master Bedroom – G12 Timber floor structure and flooring Structure High, Floorboards replaced between boards 1958 and 1963. Moderate. Sandstone walls, plastered Exceptional / Western wall was modified High when master and guest rooms were combined. Should be maintained. Ceiling and cornices Exceptional Should be maintained. Doors and windows, including architraves Exceptional Should be maintained. and shutters Fireplace High Original fabric, relocated Skirting boards Exceptional Should be maintained. Carpet floorcoverings, fabric wall coverings, Little Could be altered or removed paint work, services, light fittings with appropriate approvals. Hall – G13 Sandstone flagging Exceptional Should be maintained. Sandstone walls, plastered Exceptional Should be maintained. Ceiling and cornices Exceptional Should be maintained. Doors, including architraves Exceptional Should be maintained. Skirting boards Exceptional Should be maintained. Paint work, services, light fittings Little Could be altered or removed with appropriate approvals. Entry Hall and Bathroom – G14 and G15 General Intrusive Entry hall was enclosed from verandah 2 and bathroom was added in 1958 works. Could

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 170 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary be altered or removed with appropriate approvals. Floor structure and flooring Intrusive Could be altered or removed with appropriate approvals. Sandstone walls, plastered Exceptional / Incorporates original Intrusive sandstone wall of master bedroom. Should be maintained. Remainder is intrusive. Could be altered or removed with appropriate approvals. Ceilings and cornices Intrusive Could be altered or removed with appropriate approvals. Entry Hall door Moderate Believed to be relocated original fabric. Bathroom doors and windows, including Intrusive Could be altered or removed architraves and shutters with appropriate approvals. Skirting boards Intrusive Could be altered or removed with appropriate approvals. Sanitary fittings Intrusive Could be altered or removed with appropriate approvals. Floor and wall tiles, paint work, services, light Intrusive Could be altered or removed fittings with appropriate approvals. Bedroom – G16 Timber floor structure and flooring Exceptional Should be maintained. Sandstone walls, plastered Exceptional Should be maintained. Ceiling and cornices Exceptional Should be maintained. Doors and windows, including architraves Exceptional Should be maintained. and shutters Fireplace Moderate Did not have a fireplace originally. Possible relocated original fabric. Skirting boards Exceptional Should be maintained. Carpet floorcoverings, fabric wall coverings, Little Could be altered or removed paint work, joinery, services, light fittings with appropriate approvals. Bedroom – G17 Timber floor structure and flooring Exceptional Should be maintained. Sandstone walls, plastered Exceptional Should be maintained. Ceiling and cornices Exceptional Should be maintained. Doors and windows, including architraves Exceptional Should be maintained. and shutters Fireplace High Possible relocated original fabric or later addition.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 171 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary Skirting boards Exceptional Should be maintained. Carpet floorcoverings, paint work, services, Little Could be altered or removed light fittings with appropriate approvals. Hall – G18 Timber floor structure and flooring Exceptional Should be maintained. Sandstone walls, plastered Exceptional Should be maintained. Ceiling and cornices Exceptional Should be maintained. Doors, including architraves Exceptional Should be maintained. Skirting boards Exceptional Should be maintained. Carpet floorcoverings, paint work, services, Little Could be altered or removed light fittings with appropriate approvals. WC – G19 Floor structure and flooring Exceptional Should be maintained. Sandstone walls, plastered Exceptional Should be maintained. Ceilings and cornices Exceptional Should be maintained. Door, including architrave Exceptional Should be maintained. Sanitary fittings Intrusive Could be altered or removed with appropriate approvals. Floor and wall tiles, paint work, services, light Little Could be altered or removed fittings with appropriate approvals. Butler’s Pantry – G20 Timber floor structure and flooring Exceptional Should be maintained. Sandstone walls, plastered Exceptional Should be maintained. Ceiling and cornices Exceptional Should be maintained. Doors, including architraves Exceptional Should be maintained. Skirting boards Exceptional Should be maintained. Carpet floorcoverings, joinery, paint work, Little Could be altered or removed services, light fittings with appropriate approvals. Bedroom – G21 Timber floor structure and flooring Exceptional Should be maintained. Sandstone walls, plastered Exceptional Should be maintained. Ceiling and cornices Little Appear to have been replaced during room modifications. Could be altered or removed with appropriate approvals. Door and window, including architraves and Exceptional Should be maintained. shutters Skirting boards Little Appear to have been replaced during room modifications.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 172 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary Could be altered or removed with appropriate approvals. Carpet floorcoverings, paint work, services, Little Could be altered or removed light fittings with appropriate approvals. Hall and Bathroom – G22 & G23 General Intrusive Hall and bathroom were inserted into G21 Bedroom in recent works. Could be altered or removed with appropriate approvals. Timber floor structure and flooring Exceptional Should be maintained. Walls, plastered sandstone and others Exceptional / Incorporates original Intrusive sandstone walls. Should be maintained. Remainder is intrusive. Could be altered or removed with appropriate approvals. Ceiling and cornices Little Appear to have been replaced under room modifications. Could be altered or removed with appropriate approvals. Doors, including architraves Intrusive Could be altered or removed with appropriate approvals. Window, including architraves and shutters Exceptional Original fabric. Should be maintained. Skirting boards Little Appear to have been replaced under room modifications. Could be altered or removed with appropriate approvals. Carpet and tile floor and wall coverings, paint Intrusive Could be altered or removed work, services, light fittings with appropriate approvals. Hall and Bathroom – G24 & G25 General Intrusive Hall and bathroom were inserted into former pantry in recent works. Could be altered or removed with appropriate approvals. Timber floor structure Exceptional Should be maintained. Walls, plastered sandstone and others Exceptional / Incorporates original Intrusive sandstone walls. Should be maintained. Remainder is intrusive. Could be altered or removed with appropriate approvals. Ceiling and cornices Intrusive Appear to have been replaced under room modifications.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 173 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary Could be altered or removed with appropriate approvals. Doors, including architraves Exceptional / Incorporates original pantry Intrusive door. Should be maintained. Remainder is intrusive. Could be altered or removed with appropriate approvals. Window, including architraves and shutters Exceptional/ Opening is understood to be Intrusive original. Should be maintained. Remainder is intrusive. Could be altered or removed with appropriate approvals. Joinery and sanitary fittings Intrusive Could be altered or removed with appropriate approvals. Stone and tile floor and wall coverings, paint Intrusive Could be altered or removed work, services, light fittings with appropriate approvals. Hall – G26 Timber floor structure Exceptional Should be maintained. Sandstone geometric stair Exceptional Use of a geometric stair to access a basement is extremely rare, especially given the utilitarian functions of the areas served. Authors are not aware of any other instances in Australia. Should be maintained. Sandstone walls, plastered Exceptional Should be maintained. Other walls Intrusive Could be altered or removed with appropriate approvals. G26, G27 and G28 were originally one space. Ceiling and cornices Intrusive Replaced under 1980s works. Could be altered or removed with appropriate approvals. Doors, including architraves and arch to hall Intrusive Installed under 1980s works. G24 Could be altered or removed with appropriate approvals. Skirting boards Intrusive Installed under 1980s works. Could be altered or removed with appropriate approvals. Stone floorcoverings, paint work, services, Little Could be altered or removed light fittings with appropriate approvals. Bedrooms – G27 & G28 Timber floor structure and flooring Exceptional Should be maintained.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 174 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary Walls, plastered sandstone and lightweight Exceptional / Incorporates original partitions Intrusive sandstone walls. Should be maintained. Remainder is intrusive, installed in 1980s. Could be altered or removed with appropriate approvals. Ceilings Intrusive Appear to have been replaced under room modifications. Could be altered or removed with appropriate approvals. Doors, including architraves Intrusive Installed under 1980s works. Could be altered or removed with appropriate approvals. Windows Moderate Openings are original. Window in G28 was a door in 1970s Skirting boards Intrusive Appear to have been replaced under room modifications. Could be altered or removed with appropriate approvals. Carpet floorcoverings, joinery, paint work, Intrusive Could be altered or removed services, light fittings with appropriate approvals. Living Room – G29 Timber floor structure and flooring Exceptional Should be maintained. Sandstone walls, plastered Exceptional Should be maintained. Ceiling Intrusive Replaced under room modifications. Could be altered or removed with appropriate approvals. Doors Moderate / Eastern openings are original. Intrusive Fabric appears to have been replaced under room modifications. Door to G30 has been introduced where a former fireplace and chimney were located. Could be altered or removed with appropriate approvals. Windows Moderate Openings are original. Fabric appears to have been replaced under room modifications. Skirting boards Intrusive Appear to have been replaced under room modifications. Could be altered or removed with appropriate approvals. Fireplace and timber panelling Intrusive Could be altered or removed with appropriate approvals. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 175 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary These elements conceal numerous original kitchen hearths. Carpet floorcoverings, joinery, paint work, Intrusive Could be altered or removed services, light fittings with appropriate approvals. Bedroom – G30 Timber floor structure and flooring Exceptional Should be maintained. Walls, plastered sandstone Exceptional Should be maintained. Ceiling Intrusive Appear to have been replaced under room modifications. Could be altered or removed with appropriate approvals. Doors Intrusive Installed under 1980s works. Could be altered or removed with appropriate approvals. Window Moderate Opening is original. Skirting boards Intrusive Appear to have been replaced under room modifications. Could be altered or removed with appropriate approvals. Carpet floorcoverings, paint work, services, Little light fittings Bedroom – G31 Timber floor structure and flooring Exceptional Should be maintained. Walls, plastered sandstone Exceptional Should be maintained. Ceiling Intrusive Appear to have been replaced under room modifications. Could be altered or removed with appropriate approvals. Door Intrusive Installed under 1980s works. Could be altered or removed with appropriate approvals. Window Moderate Opening is original. Skirting boards Intrusive Appear to have been replaced under room modifications. Could be altered or removed with appropriate approvals. Carpet floorcoverings, paint work, services, Little light fittings Bathrooms and Dressing Room – G32, G33 & G41 General Intrusive These rooms have been inserted into the former servants’ common room to serve as ensuite spaces to bedrooms G30 and G31. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 176 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary Could be altered or removed with appropriate approvals. Concrete floor structure and flooring Intrusive Replaced original timber fabric. Could be altered or removed with appropriate approvals. Walls, plastered sandstone and lightweight Exceptional / Incorporates original Intrusive sandstone walls. Should be maintained. Remainder is intrusive. Could be altered or removed with appropriate approvals. Ceilings and cornices Little Appear to have been replaced under room modifications. Could be altered or removed with appropriate approvals. Doors, including architraves Intrusive All introduced fabric. Could be altered or removed with appropriate approvals. Windows, including shutters Moderate Openings are original. Remainder is introduced fabric Skirting boards Little Appear to have been replaced under room modifications. Could be altered or removed with appropriate approvals. Sanitary fittings Intrusive Could be altered or removed with appropriate approvals. Carpet and tile floor and wall coverings, paint Intrusive Could be altered or removed work, services, light fittings with appropriate approvals. Stair – G34 General High There is evidence of an earlier steeper stair in the modified fabric. Sandstone steps High Fabric appears recent. Stairs are known to have been used to access cellar for wine barrels but no trace of this activity is evident. Sandstone bounding walls High Fabric has been modified Timber balustrade and gates Moderate Does not appear in Hanly sketches or photographs from c. 1959-1961 Landing at base Exceptional Should be maintained. Stair – G35 Sandstone steps Exceptional Should be maintained.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 177 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary Sandstone bounding walls Exceptional Should be maintained. Landing Exceptional Should be maintained. Courtyard – G36 Sandstone flagging Exceptional Should be maintained. Western sandstone wall and timber gates Exceptional Should be maintained. Timber columns Exceptional / Form is original, should be Moderate maintained. Fabric is replacement. Verandah roof structure Exceptional Should be maintained. Verandah roof, including skylights Moderate Not original fabric. Verandah soffit – timber board lining Moderate Replacement fabric. Paint work, services, light fittings Little Could be altered or removed with appropriate approvals. Verandah – G37 Form and configuration Exceptional Should be maintained. Sandstone flagging Exceptional Should be maintained. Sandstone steps Exceptional Should be maintained. Turned sandstone columns Exceptional Should be maintained. Verandah roof structure Exceptional Should be maintained. Verandah roof Moderate Not original fabric. Verandah soffit – timber board lining Exceptional Should be maintained. Verandah 2 – G38 Form and configuration High Roof form, stair and extent of paving have been modified Sandstone flagging High Timber columns Exceptional / Form is original, should be Moderate maintained. Fabric is replacement. Verandah roof structure High Verandah roof, including skylights Moderate Not original fabric. Verandah soffit – timber board lining Moderate Replacement fabric. Iron pit cover and former coal chute beneath High Paint work, services, light fittings Little Could be altered or removed with appropriate approvals. Porch – G39 Sandstone flagging (floor level) Exceptional Should be maintained. Sandstone steps Moderate Arch and foundation date Exceptional Should be maintained.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 178 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary Verandah – G40 Sandstone flagging Exceptional Should be maintained. Timber columns Exceptional / Form is original, should be Moderate maintained. Fabric is replacement. Verandah roof structure Exceptional Should be maintained. Verandah roof Moderate Not original fabric. Verandah soffit – timber board lining Moderate Replacement fabric. Paint work, services, light fittings Little Could be altered or removed with appropriate approvals. Basement Cellar – B01 Sandstone flagging Exceptional Should be maintained. Sandstone walls Exceptional Should be maintained. Sandstone vaulted ceiling Exceptional Should be maintained. Wall vent Exceptional Openings are original. Should be maintained. Bars and mesh are recent fabric Doors High Understood to be relocated earlier fabric. Services and light fittings Little Could be altered or removed with appropriate approvals. Cellar - B02 Sandstone flagging Little Replaced in 1980s. Could be altered or removed with appropriate approvals. Sandstone walls Exceptional Should be maintained. Sandstone vaulted ceiling Exceptional Should be maintained. Doors High Understood to be relocated earlier fabric. Services and light fittings Little Could be altered or removed with appropriate approvals. Cellar – B03 Sandstone flagging Intrusive Floor was not originally lined. Could be altered or removed with appropriate approvals. Sandstone walls Exceptional Should be maintained. Timber ceiling and structure Little Modified in 1960s and 1980s. Could be altered or removed with appropriate approvals.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 179 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary Wall vents Exceptional / Openings are original. Should Little be maintained. Bars and mesh are recent fabric. Could be altered or removed with appropriate approvals. Doors High Understood to be relocated earlier fabric. Services and light fittings Little Could be altered or removed with appropriate approvals. Cellar – B04 Timber flooring Intrusive Floor was not originally lined. Could be altered or removed with appropriate approvals. Sandstone walls Exceptional Should be maintained. Timber wall lining Intrusive 1980s fabric, obscures original fabric. Could be altered or removed with appropriate approvals. Timber ceiling and structure Little Modified in 1960s and 1980s. Could be altered or removed with appropriate approvals. Mechanical ventilation and bulkhead Intrusive Could be altered or removed with appropriate approvals. Doors Little 1980s fabric. Could be altered or removed with appropriate approvals. Services and light fittings Little Could be altered or removed with appropriate approvals. Cellar – B05 Timber flooring Intrusive Floor was not originally lined. Could be altered or removed with appropriate approvals. Sandstone walls Exceptional Should be maintained. Timber wall lining Intrusive 1980s fabric, obscures original walls. Could be altered or removed with appropriate approvals. Timber ceiling and structure Little Modified in 1960s and 1980s. Could be altered or removed with appropriate approvals. Mechanical ventilation and bulkhead Intrusive Could be altered or removed with appropriate approvals. Services and light fittings Little Could be altered or removed with appropriate approvals. Bar – B06

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 180 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary Timber flooring Intrusive Floor was not originally lined. Could be altered or removed with appropriate approvals. Sandstone walls Exceptional Should be maintained. Timber wall lining and bar Intrusive 1980s fabric, obscures original walls. Could be altered or removed with appropriate approvals. Timber ceiling and structure Little Modified in 1960s and 1980s. Could be altered or removed with appropriate approvals. Services and light fittings Little Could be altered or removed with appropriate approvals. Cellar – B07 Timber flooring Intrusive Floor was not originally lined. Could be altered or removed with appropriate approvals. Sandstone walls Exceptional Should be maintained. Timber wall lining Intrusive 1980s fabric, obscures original walls. Could be altered or removed with appropriate approvals. Timber ceiling and structure Little Modified in 1960s and 1980s. Could be altered or removed with appropriate approvals. Mechanical ventilation and bulkhead Intrusive Could be altered or removed with appropriate approvals. Services and light fittings Little Could be altered or removed with appropriate approvals. Passage – B08 General Intrusive Part of former coal chute. Current form conceals earlier intent. Could be altered or removed with appropriate approvals. Timber flooring Intrusive Floor was not originally lined. Could be altered or removed with appropriate approvals. Sandstone walls Exceptional Should be maintained. Rendered brick wall Intrusive 1980s fabric, conceals remainder of original space. Could be altered or removed with appropriate approvals. Timber wall lining Intrusive 1980s fabric, obscures original walls. Could be altered or

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 181 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary removed with appropriate approvals. Timber ceiling and structure Little Modified in 1960s and 1980s. Could be altered or removed with appropriate approvals. Services and light fittings Little Could be altered or removed with appropriate approvals. Wine Cellar – B09 Sandstone flagging Exceptional Should be maintained. Sandstone walls Exceptional Should be maintained. Timber ceiling Little Could be altered or removed with appropriate approvals. Wall vent Exceptional Opening is original, brick enclosure is recent fabric Wine racks Little Recent fabric. Could be altered or removed with appropriate approvals. Services and light fittings Little Could be altered or removed with appropriate approvals. Stair Cellar – B10 Sandstone flagging Exceptional Should be maintained. Sandstone walls Exceptional Should be maintained. Wall vent Exceptional Opening is original. Should be maintained. Sandstone stair Exceptional Sandstone stair is original fabric. Use of a geometric stair to access a basement is extremely rare. Should be maintained. Handrail is not evident in Hanly photographs from c. 1959-1962 and is therefore presumed not to be original. Timber ceiling Little Could be altered or removed with appropriate approvals. Mechanical ventilation and bulkhead Intrusive Could be altered or removed with appropriate approvals. Services cupboard Intrusive Could be altered or removed with appropriate approvals. Services and light fittings Little Could be altered or removed with appropriate approvals. Store - B11 Dirt floor Exceptional Should be maintained.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 182 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary Sandstone walls Exceptional Should be maintained. Water damage and spalling are evident. Fibrous cement sheet ceiling Intrusive Conceals potential original fabric above. Could be altered or removed with appropriate approvals. Door Little Could be altered or removed with appropriate approvals. Services Intrusive Fixings to walls and floor have damaged original fabric. Undercroft – B12 Sandstone flagging Exceptional Should be maintained. Sandstone walls Exceptional Should be maintained. Water damage and spalling are evident. Concrete and fibrous cement sheet ceiling Intrusive Services and light fittings Intrusive Fixings to walls and floor have damaged original fabric. Stables General Exceptional The stables are the oldest building on the site, dating from c. 1839. Should be maintained. Exterior Form of core stables building, excluding Exceptional Should be maintained. verandah Sandstone walls Exceptional Should be maintained. Appear to have been increased in height by one course during works to the roof in 1980s. Pattern of openings Exceptional Should be maintained. Roof, including structure, slate cladding, Little Roof rebuilt after destroyed by cappings and flashings fire, then reconstructed in 1980s. Could be altered or removed with appropriate approvals. Stone chimney Exceptional Should be maintained. Verandahs, including stone flagging, timber Intrusive Fabric added in 1980s, not posts, roof structure and cladding, gutters representative of earlier fabric. and downpipes Could be altered or removed with appropriate approvals. Open spoon drain, sandstone Moderate Believed to be original or early fabric, relocated to current position

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 183 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary Planter beds, external stairs and low height Intrusive 1980s fabric. Could be altered retaining walls or removed with appropriate approvals. Stone rubble wall and gate, east of building Intrusive 1980s fabric. Could be altered or removed with appropriate approvals. Stone box drain Exceptional Believed to be original main cellar drain. Should be maintained. Interior Stables Room Sandstone flagging, including drainage Exceptional Believed to be the only channels remaining original floor in the stables building. Drainage channels engraved into stones direct runoff under western door. Should be maintained. Sandstone walls, including notches and Exceptional recesses Timber roof structure and board lining Little 1980s fabric. Could be altered or removed with appropriate approvals. Doors Exceptional / Openings are original. Should Little be maintained. Door fabric dates from 1980s. Could be altered or removed with appropriate approvals. Hay loft opening Exceptional Should be maintained. Infill dates from 1980s. Timber horse stalls Moderate Services and light fittings Little Could be altered or removed with appropriate approvals. Coach House Sandstone flagging Intrusive 1980s fabric, possibly obscures original fabric. Could be altered or removed with appropriate approvals. Sandstone walls, internal Exceptional / North wall original, south wall Little original to approximately 3100mm. Should be maintained. Infilled above in 1980s. Could be altered or removed with appropriate approvals.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 184 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary Timber roof structure and board lining Little 1980s fabric. Could be altered or removed with appropriate approvals. Doors Exceptional / Opening is original. Should be Little maintained. Door fabric dates from 1980s. Could be altered or removed with appropriate approvals. Joinery Intrusive 1980s fabric. Could be altered or removed with appropriate approvals. Services and light fittings Little Could be altered or removed with appropriate approvals. Bedroom Sandstone floor and carpet covering Intrusive 1980s fabric, possibly obscures original fabric. Could be altered or removed with appropriate approvals. Sandstone walls, plastered and rendered Exceptional / Sandstone walls are original. masonry Intrusive Should be maintained. Remainder is intrusive. Could be altered or removed with appropriate approvals. Ceiling and cornices Intrusive 1980s fabric. Could be altered or removed with appropriate approvals. Doors and window Exceptional / External openings are original. Intrusive Should be maintained. Infill and internal door are 1980s fabric. Could be altered or removed with appropriate approvals. Joinery Little Could be altered or removed with appropriate approvals. Services and light fittings Little Could be altered or removed with appropriate approvals. Bathroom Sandstone floor Intrusive 1980s fabric, possibly obscures original fabric. Could be altered or removed with appropriate approvals. Sandstone walls, plastered and rendered Exceptional / Sandstone walls are original. masonry Intrusive Should be maintained. Remainder is intrusive. Could be altered or removed with appropriate approvals.

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 185 Fernhill Estate 5.0 Assessment of Cultural Significance

Element Significance Commentary Ceiling and cornices Intrusive 1980s fabric. Could be altered or removed with appropriate approvals. Door and window Exceptional / External opening is original. Intrusive Should be maintained. Infill and internal door are 1980s fabric. Could be altered or removed with appropriate approvals. Sanitary fittings Little Could be altered or removed with appropriate approvals. Services and light fittings Little Could be altered or removed with appropriate approvals. Hall Sandstone floor Intrusive 1980s fabric, possibly obscures original fabric. Could be altered or removed with appropriate approvals. Sandstone walls, plastered and rendered Exceptional / Sandstone walls are original. masonry Intrusive Should be maintained. Remainder is intrusive. Could be altered or removed with appropriate approvals. Ceiling and cornices Intrusive 1980s fabric. Could be altered or removed with appropriate approvals. Door Exceptional / Opening is original. Should be Intrusive maintained. Door is 1980s fabric. Could be altered or removed with appropriate approvals. Services and light fittings Little Could be altered or removed with appropriate approvals. Living Sandstone floor Intrusive 1980s fabric, possibly obscures original fabric. Could be altered or removed with appropriate approvals. Sandstone walls Exceptional / Should be maintained. North High wall is in original position but extensively modified, original fireplace and chimney removed, door introduced. Timber roof structure and board lining Little 1980s fabric. Could be altered or removed with appropriate approvals.

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Element Significance Commentary External door and windows Exceptional / Openings are original. Should Little be maintained. Fabric dates from 1980s. Could be altered or removed with appropriate approvals. Internal door Intrusive Introduced in 1980s. Could be altered or removed with appropriate approvals. Fireplace Intrusive Not original fabric or original location. Introduced in 1980s. Could be altered or removed with appropriate approvals. Joinery and kitchen fittings Intrusive 1980s fabric. Could be altered or removed with appropriate approvals. Services and light fittings Little Could be altered or removed with appropriate approvals. Other Buildings and Features In vicinity of house Sandstone water reservoir, c. 1842 Exceptional Should be maintained. Located under lawn west of north wing of house, excluding concrete roof and lawn covering. Covered open garage, 1970s Little Part of Sorensen works. Could be altered or removed with appropriate approvals. Sandstone entertainment building, 1982 Intrusive Could be altered or removed with appropriate approvals. Rose garden, including plantings, topiaries, Little Part of Sorensen works. Could sandstone walls and steps be altered or removed with appropriate approvals. Small gardener’s shed, sandstone 1970s Intrusive Could be altered or removed with appropriate approvals. Large gardener’s shed, sandstone 1970s Intrusive Could be altered or removed with appropriate approvals. Vineyard Little Could be altered or removed with appropriate approvals. Former tennis court, c. 1920s Moderate South terrace, including earthworks, lawn Intrusive Part of Sorensen works. Could and balustrade be altered or removed with appropriate approvals. Pool house Intrusive Part of Sorensen works. Could be altered or removed with appropriate approvals.

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Element Significance Commentary Swimming pool Intrusive Part of Sorensen works, modified later. Could be altered or removed with appropriate approvals. Dammed lake, including folly and bridge, Intrusive Part of Sorensen design, 1980s completed later. Could be altered or removed with appropriate approvals. Wisteria walk, including pergola structure Little Part of Sorensen works Could be altered or removed with appropriate approvals. Vehicle hardstand Intrusive Part of Sorensen works Could be altered or removed with appropriate approvals. Sandstone wall between southwest corner of Exceptional Should be maintained. house and stables, c. 1840 Minor driveways around the house, 1980s Intrusive Could be altered or removed onwards with appropriate approvals. North and west of house Exotic animal enclosure Intrusive Could be altered or removed with appropriate approvals. Long aviary, 1980s Intrusive Could be altered or removed with appropriate approvals. Workshop ruin, 1980s Intrusive Could be altered or removed with appropriate approvals. Maintenance shed Intrusive Could be altered or removed with appropriate approvals. Circular aviary, 1980s Intrusive Could be altered or removed with appropriate approvals. Quarry sites Exceptional Should be maintained. On the creek to the west of the house, these are where the stone is said to have been sourced for the 1840s buildings and structures. Winery ruin, possibly mid 1800s High Located west of house and south of aviaries Timber post and rail fences, 1980s Intrusive West of house. Could be altered or removed with appropriate approvals. Manager’s residence, 1980s, including Intrusive Could be altered or removed garden, driveway and associated plantings with appropriate approvals. Hay barn, 1980s Intrusive Could be altered or removed with appropriate approvals.

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Element Significance Commentary Pump house and retaining wall, 1980s Intrusive Could be altered or removed with appropriate approvals. Northern driveway, 20th century, including Moderate portion now located to east of Mulgoa Road following 1950s realignment and trees lining Timber entry gate and stone fencing at Little Could be altered or removed northern entry from Mulgoa Road, 1980s with appropriate approvals. Stone and concrete retaining walls and Little Could be altered or removed paddock walls, 1980s with appropriate approvals. Dammed lake, including associated plantings Intrusive North of house. Could be altered or removed with appropriate approvals. South of house Stone bridge 1 Exceptional Should be maintained. Structure substantially modified in 1980s, recent elements of little significance Stone bridge 2 Exceptional Should be maintained. Structure substantially modified in 1980s, recent elements of little significance Horse loose boxes and paddocks, 1980s Intrusive Could be altered or removed with appropriate approvals. Stables complex, 1980s Intrusive Could be altered or removed with appropriate approvals. Circular lunging yard, 1970s Intrusive Could be altered or removed with appropriate approvals. Southern driveway, including original portion Exceptional Should be maintained. now located to east side of Mulgoa Road Original driveway to house. following 1950s realignment Alignment includes serpentine approach to house and flanking tree plantings. Timber entry gate and stone fencing at Little Could be altered or removed southern entry from Mulgoa Road, 1980s with appropriate approvals. Stone and concrete retaining walls and Intrusive Could be altered or removed paddock walls, 1980s with appropriate approvals. Reflection pool Exceptional Should be maintained. Racetrack, 1980s, including fencing, rail and Intrusive Could be altered or removed associated dams and earthworks with appropriate approvals. Landscape Features and Plantings Undulating park-like grounds of estate Exceptional Should be maintained. remaining from early period of development Retained Rough barked apple (Angophora Exceptional Should be maintained. floribunda) and Broad-leaved apple (Angophora subvelutina) in estate grounds

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Element Significance Commentary Remnant natural landscape of Cumberland Exceptional Should be maintained. Plain Woodland, Shale Sandstone Transition Remnant native vegetation is Forest, Sandstone Ridgetop Woodland and increasingly rare throughout Western Sandstone Gully Forest the Sydney region. Plantings remaining along the driveway from Exceptional Should be maintained. the colonial period Remaining colonial era plantings including Exceptional Should be maintained. Bunya, Hoop and Stone Pines and Camphor Laurels Littlefields Creek, including tributaries and Moderate Southern boundary of original regrowth native vegetation land grant to Edward Cox. Areas of regrowth native vegetation generally Moderate Chinese Elm grove Little Part of Sorensen works, but obscures views to and from the house. Could be altered or removed with appropriate approvals. Orchard on northern driveway Little Could be altered or removed with appropriate approvals. Alignment of St Thomas’ Road (former High Original eastern boundary of Mulgoa Road) land grant to Edward Cox. Realignment of Mulgoa Road, 1949 Intrusive Road widening and straightening undertaken to enable heavy vehicle access to Warragamba Dam project. Severed the eastern portion of the site from the remainder. Could be altered or removed with appropriate approvals. Utility easements Intrusive Could be altered or removed with appropriate approvals. Areas of Archaeological Potential Original carriage loop to south and east of Exceptional Reconfigured during Sorensen house, including area of former porte- works. Not known if loop and cochere porte-cochere footings were buried or removed. Cesspit Exceptional Under the area of the current Cold Room in the laundry extension. Coal / Grain Chute Exceptional Obscured by works to Basement and north verandah during 1980s. Chute remains in place. Deposits in areas around house in areas of Exceptional Substantial areas of fill raised gardens for Sorensen works occurred to raise the gardens around the house. Traces of

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Element Significance Commentary earlier garden designs and outbuildings may remain Sub-floor in stables where flooring has been Exceptional Deposits from earlier replaced occupation of the stables may remain, including under recent verandah flagging Box drain Exceptional Thought to run from basement to stables. Only very western end is visible. Quarry sites Exceptional Traces of stone cutting and tools may remain.

Statutory Heritage Listings in Vicinity of Fernhill Listing Description State Heritage Register Cox’s Cottage – listed on 2 April 1999; No. 00171; Former under the Heritage Act Permanent Conservation Order 31 December 1982; LEP item No. 1977 (NSW) 2260125. Lots 2-4 DP241971. (items of state Fairlight Homestead and Barn – listed on 2 April 1999; No. significance) 00262; Former Permanent Conservation Order 15 June 1984; LEP item No. 2660141. Lot 22 DP 625510. St Thomas Anglican Church – listed on 2 April 1999; No. 00426; Former Permanent Conservation Order 14 March 1986. LEP item No. 2260126. Lot 1 DP996994 and Lot 1 DP 1035490.

Penrith Local Cox’s Cottage – 1028-1046 St Thomas Road; state Environmental Plan significance; Lot 3, DP241971 2010 Fairlight – 377-429 Fairlight Road; state significance; Lot 22, (items of local or state DP 625510 significance) St Thomas’ Anglican Church and Cemetery – 43-57 St Thomas Road; state significance; Lot 1, DP 996994 Mulgoa Public School Building, hall residence and trees – 1189-1193 Mulgoa Road; local significance LEP item No. 2260126; Lot 1, DP 853475 Table Rock Lookout – 716-782 Fairlight Road; local significance; Lot A DP 164835 Section of Old Mulgoa Road

Additional Lands The additional lands are listed on the Penrith LEP as locally significant heritage items. They are categorised as a ‘historic landscape,’ with the land at 1177-1187 Mulgoa Road listed additionally as an archaeological site.

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6.0 Constraints and Opportunities 6.1 Issues arising from the Statement of Significance The subject site is a State-listed heritage place and therefore subject to the Heritage Act 1977 (NSW). Accordingly, all physical modifications contemplated for the site will be required to have the endorsement of the Heritage Office via a Section 60 Application formally lodged to that office. This Conservation Management Plan should be used as a basis to assess the impact of any new proposal on the site. The subject site is a locally listed heritage item under the Penrith LEP 2010 and therefore, formal development applications are required to be lodged ahead of physical work taking place on the site.

6.2 Issues Arising from the Physical Condition The original stables and house are in generally very good condition considering their age and the changes wrought to the original fabric in the 1960s and more drastically in the 1980s.The House is in very good condition with some minor issues related to settlement, rising damp and contour scaling of the sandstone and minor to moderate cracking of some of the sandstone. The original stables building is in very good condition with some minor cracking to walls, some mortar bed loss and some settlement and cracking. The physical condition of the buildings presents issues of water ingress and damp in the basement of the house. The current absence of the original porte-cochere provides the opportunity to reinstate it. The table below sets out the arguments for and against this action.

Issues arising from any proposed reconstruction For Against Some information is known about the original Time will be needed to undertake the research form and materials of the porte-cochere. This necessary to have sufficient information to includes two photographs and the check outs design and document a porte-cochere faithful in the existing fabric. to the original design. As the original porte-cochere was made of The cost to undertake reconstruction work may timber, reconstruction would be relatively be more urgently required elsewhere. affordable and feasible. As the check outs for the porte-cochere are The relevance of the porte-cochere is limited still present in the stone fabric of the house, due to the removal of the carriage loop. the porte-cochere could be reconstructed with little impact on existing heritage fabric. The new structure could be constructed so as Any reconstruction could only ever be close to be easily removable and so as not to approximation to the original as no architect’s damage the existing building. drawings are known. The reconstruction of the porte-cochere would The reconstruction of the porte-cochere might present the house as it was originally not align with all future proposed uses for the designed. place. The previous route of the carriage loop could The construction of the porte-cochere would be represented through the use of gravel or require skilled craftspeople who understood plantings. that following the design documentation meticulously is essential and they may be difficult to find or costly to engage.

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6.3 Heritage Management Framework Statutory Controls, Policies and Guidelines Works at Fernhill will require particular approvals depending on the nature of the proposed works.

6.3.1 Commonwealth Legislation Environment Protection and Biodiversity Conservation Act 1999 The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the Australian Government’s environment and heritage legislation. This act is triggered by developments or actions that will have a significant impact on matters of National environmental significance, including world heritage areas, nationally significant Ramsar wetlands, Commonwealth marine areas, nationally threatened species and communities and migratory birds. The EPBC Act includes a process for assessment of proposed actions that have, or are likely to have, a significant impact on matters of national environmental significance. These actions require approval from the Commonwealth Minister, Environment and Heritage.

6.3.2 State Legislation Heritage Act 1977 (NSW) The purpose of the Heritage Act 1977 is to ensure cultural heritage in NSW is adequately identified and conserved. Fernhill is listed as a heritage item of heritage significance on the State Heritage Register (SHR) of NSW under this Act.

Minimum Standards of Maintenance and Repair Minimum standards of maintenance and repair are required for sites listed on the SHR, and certain maintenance works are exempt from approval under the Act. Reference should be made to the Minimum Standards of Maintenance and Repair under Section 118 of the Act and as specified in the Heritage Regulations 2005. Minimum standards of maintenance and repair generally relate to: protection of the item from weathering; protection from damage or destruction by fire; protection from security threats; and essential maintenance and repair. Maintenance works at Fernhill should be established to ensure compliance with the minimum standards under the Heritage Act and Regulations. Approvals for Works Some development approvals or exemptions are required under the Heritage Act as well as the EPBC Act. If works are not exempt under the Heritage Act, they will require a Section 60 application following approval of an Integrated Development Application through Penrith Council. The Integrated Development Application process is recommended for approvals required under both Acts, as it enables heritage issues to be dealt with by the local council and the Heritage Council, and it reduces delays in the approvals process. Standard exemptions apply to all properties listed on the SHR under s.57 (1) of the Act. Certain activities are granted exemption from approval by the Heritage Council of NSW (or its delegate). These activities are considered minor in nature and will only have minimal impact on the heritage significance of a place, and include maintenance, repairs and minor alterations. Reference should be made to Standard Exemption Guidelines for specific details about activities considered minor in nature. Fernhill does not have any site-specific exemptions under s.57 (2) of the Act.195 Some exempt works require notification to the Heritage Council of NSW, such as restoration, painting and temporary structures.

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Historical Archaeology If historical archaeological relics are found, or there is potential for their discovery, the Heritage Branch of the NSW Department of Planning, Industry and Environment must be notified under s.139 of the Act. A relic is defined under the Act as a deposit, object or material evidence which relates to the settlement of NSW (not being Aboriginal settlement). If proposed works may impact on potential or known relics within the Fernhill SHR curtilage, then the work may require an exemption under s.57(2) or an excavation permit under s.60 of the Act.

Environmental Planning and Assessment Act 1979 (NSW) The Environmental Planning and Assessment Act 1979 governs strategic planning and development assessment processes undertaken by State and Local Government in NSW. Part 5 covers the assessment of development proposals. It is necessary in most cases to submit a development application to the relevant Local Council for permission to erect or alter a building, demolish a building; or change the use of an existing building. This does not apply to a building proposal defined as an ‘Exempt Development’. Six categories of development are defined by the legislation: Exempt Development, Complying Development, Local Development, Integrated Development, Designated Development or State Significant Development.

National Parks and Wildlife Act 1979 (NSW) In addition to a range of other environmental and land management matters, the National Parks and Wildlife Act also includes provisions that apply to Aboriginal objects and places. If Aboriginal objects and places are found, the National Parks and Wildlife Service must be informed under Section 91 of the Act and permits may apply under Section 90. A licence may also be required under the Act to damage or destroy threatened fauna species. Penalties apply for the destruction of Aboriginal objects and places, and the harm of any protected species.

Threatened Species Conservation Act 1995 (NSW) This Act identifies and protects native plants and animals in danger of becoming extinct. The Sustainability Assessment by Ecological Australia (2008) discussed potential threatened species on the Fernhill Estate, such as Cumberland Plain Woodland. Cumberland Plain Woodland is listed as an endangered ecological community under the Threatened Species Conservation Act 1995 and the Commonwealth Environmental Protection and Biodiversity Conservation Act 1999.

Noxious Weeds Act 1993 (NSW) The objectives of the Noxious Weeds Act are to identify which noxious weeds require control measures, identify control measures suitable to those species and to specify the responsibilities of both public and private landholders for noxious weed control.230 The NSW Department of Primary Industries is the government authority that has responsibility for noxious weeds. Private property owners are responsible for controlling noxious weeds under s.12 and 17A of this Act, and they must notify the local control authority (Penrith City Council) if there are notifiable weeds under s.15 of this Act. Rural Fires and Environmental Assessment Legislation Amendment Act 2002 The Rural Fires and Environmental Assessment Legislation Amendment Act 2002 amends the Rural Fires Act 1997 and several environmental assessment-related Acts. This Act provides for

230 Ecological Australia, Sustainability Assessment, 2008, 47 JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 194 Fernhill Estate 6.0 Constraints and Opportunities mapping bush-fire prone lands and the development of a Bush Fire Environmental Assessment Code. This code is aimed at streamlining the assessment process for hazard reduction works. To this end, the Code will include general ameliorative prescriptions and, in some cases, species specific prescriptions. Threatened species and their habitats are one of the items considered in the Code.

6.3.3 Commonwealth and State Policies The National Construction Code The National Construction Code (NCC) is the national technical document which sets the standards for building work in Australia. The consent authority has the discretionary power to require that existing buildings comply with current building standards, as a condition of approval for proposed works. The NCC provisions relate to structure, fire safety, access and egress, and services and amenity. The goals of the NCC are to enable the achievement and maintenance of acceptable standards of structural sufficiency, safety, health and amenity. Any strategies or solutions to ensure that components of Fernhill comply with the NCC should be based on the cultural significance of the place. Where necessary, alternative solutions and performance-based outcomes should be pursed to ensure the intent of the code is met without adversely impacting on significant fabric. Professional advice should always be obtained. Should conflicts arise between compliance and cultural significance the Heritage Council of NSW is able to provide advice and assistance in seeking appropriate compliance solutions through its Fire and Services Advisory Panel.

6.3.4 Guidelines The following Federal and State guidelines are the primary ones that relate to the management of the Fernhill’s heritage significance: Australian Natural Heritage Charter for the Conservation of Places of Natural Heritage Significance (2002) by Australian Heritage Commission; Ask First: A Guide to Respecting Indigenous Heritage Places and Values (2006) by Australian Heritage Commission; Aboriginal Cultural Heritage Standards and Guidelines Kit (1997) by NSW National Parks and Wildlife Service; Recovering bushland on the Cumberland Plain: Best practice guidelines for the management and restoration of bushland (2005) by NSW Department of Environment and Conservation; Endangered Ecological Community Information: Cumberland Plain Woodland (2004) by NSW National Parks and Wildlife Service; and Assessing Heritage Significance (2001) by the Heritage Office.

6.3.5 Local Government Policies Penrith Local Environmental Plan 2010 Penrith LEP 2010 applies to Fernhill and Penrith City Council is the local consent authority. As Fernhill is listed on the State Heritage Register, the Heritage Council of NSW is also a consent authority under the Heritage Act. The LEP sets out statutory controls for heritage items. “Fernhill, outbuildings, landscape and curtilage” and “St Thomas’ Anglican Church and Cemetery” are listed under the LEP as heritage items of state significance. Areas of the broader Fernhill holding are listed as heritage items for their visual setting in relation to Fernhill. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 195 Fernhill Estate 6.0 Constraints and Opportunities

The LEP heritage provisions set out the standard instrument LEP requirements for managing heritage items that apply across NSW and the requirements for making applications etc. These matters are addressed in the various discussion and policy sections that follow in this plan. Of particular interest and relevance to Fernhill is the potential application of clause 5.10.(10) to the heritage listed parts of the property as part of the ongoing management of the place to conserve its heritage values. A discussion of clause 5.10.(10) is set out as one of the key ways in which the Fernhill Estate can be conserved and maintained, as required by the listings and this CMP. This involves the consideration of uses, zoning and creating a sustainable future for the property that cannot be achieved under the present zoning and currently permitted uses of the site. Looking at Clause 5.10, the relevant objectives of the clause are: Clause 5.10 (1) (a) to conserve the environmental heritage of Penrith; (b) to conserve the environmental significance of heritage items including associated fabric, settings and views; (c) to conserve archaeological sites; (d) to conserve Aboriginal objects and Aboriginal places of heritage significance. This applies to Fernhill as the Estate is one of the major heritage items and sites within the Council area. The 2010 LEP listing of adjacent lands has recognised that not only the core estate is significant but the adjoining lands provide additional setting for the Estate. There can be no doubt that the original grant area is the area of highest significance, as recognised in the SHI listing, but the adjacent lands are also recognised as having some significance. This CMP recognises the significance of the estate and its policies are designed to conserve the place. This takes place in two ways, firstly the consideration of the original estate lands and their protection and conservation and secondly how the adjoining lands can facilitate the core estate conservation, and themselves add to that heritage value. The second part of this clause is also important as it relates to not only the fabric but to the setting and views. Having a considerable area of additional land around the core heritage estate allows a range of uses and development possibilities that could otherwise affect core heritage values. The term “core estate” refers to the original Grant on which Fernhill still stands and excludes the lands that have been added to the estate over the last 30 or so years. Clause 5.10(4) requires the consent authority (in this case Penrith City Council) to “consider the effect of the proposed development on the heritage significance of the item or area concerned” prior to granting consent. Related to the clause above there are more options to conserve the place because of its extended and extensive form than exist on almost any other heritage estate. A consideration in this CMP is how to retain core heritage values, how to extend those values onto adjacent land and how to secure the place physically, financially and in terms of a viable future. Clauses 5.10(5) and (6) enable the consent authority to require the submission of a CMP and/or a Heritage Impact Statement in relation to any development proposal affecting a heritage item. This CMP has been submitted to comply with these LEP clauses as well as the State Listing requirements under the NSW Heritage Act. Clause 5.10(7) requires referral to the NSW Heritage Council in the event that the proposed development affects an archaeological site on land other than land listed on the SHR (i.e. this clause does not apply to the SHR listed portion of the Fernhill estate). There are archaeological sites within the broader holding that invoke this clause. Clause 5.10(8) requires the consent authority to consider the effect of development on an Aboriginal place of heritage significance, before granting consent, and requires the consent

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 196 Fernhill Estate 6.0 Constraints and Opportunities authority to notify the local Aboriginal community about the proposal and to take into account any response received within 28 days. There are Aboriginal heritage sites within the broader site and any works that may affect those sites must be referred as required. Clause 5.10(10) Heritage Incentives of the Penrith LEP 2010 states: (10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that: (a) the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and (b) the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and (c) the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and (d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and (e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area. This clause is pivotal to conserving the heritage values of the Fernhill Estate as it provides a way to creatively consider options that can achieve good conservation outcomes that may be outside the scope of the existing planning controls. The incentives clause can be applied to Fernhill in the following ways: • The clause applies to any of the heritage listed land as the heritage listings for the surrounding land have been created to protect the heritage values of the core heritage estate. This provides a wide scope allowing Council and the NSW Heritage Council to consider options where it can be established that a proposal achieves conservation of the core lands and heritage features. • The clause can also allow consideration of a range of new uses on the estate that will facilitate the long-term viability of the place. Overseas and Australian experience of conserving large historic estates strongly points to the need for new and viable business models that remove the need for philanthropy or the reliance on individual funding. In contrast a sound business on the estate can provide a high level of certainty about the retention and conservation of the place. This clause allows that model to be considered. It is also an important consideration to understand the application of clause 5.10.(10) to Fernhill: • The clause is based on ‘facilitating’ conservation and the principal test of the applicability of the clause is whether a particular proposal can facilitate conservation. Facilitate is defined as ‘to assist the progress of’. This provides a broad framework to consider any proposal under provided it works towards the conservation of the place. The clause is not limited in application in that it does not have to achieve or guarantee conservation but it must demonstrate that it is assisting the progress of conservation. It would be reasonable to expect that this will be undertaken at a high level and that any proposal will be a serious and well thought out one. • The clause requires an endorsed or agreed conservation management plan. This plan will satisfy that requirement.

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3 The clause requires that all necessary conservation work to be carried out. This would require the undertaking of works necessary for the immediate conservation and maintenance of the place so that it is in sound condition and then requires a future set of actions to keep the place conserved and maintained. This will be addressed in detail in the policy section but will require schedules of immediate and future work that properly address the scope of the needs of the property along with a way of funding those works that is certain, auditable and guaranteed. 4 A proposal that may be put forward under this clause should not have an adverse impact on heritage values. This is often difficult as changes of use and even limited development within a heritage site have the potential to have some impact on heritage values. This clause needs to be considered within the context of the need to conserve the place, the options that are available to facilitate conservation, the level of impact that any proposal may have and how the particular proposal achieves conservation while minimising or mitigating any impacts that may arise. The clause does not prohibit any proposal but requires a demonstration that the proposal achieves conservation outcomes without undue impacts. 5 Any proposal also needs to be considered on a merit basis with regard to other planning and amenity considerations, the application of the clause does not remove the need for a sound proposal outside of heritage considerations. If these matters are addressed and considered clause 5.10 (10) can be applied to Fernhill. Zoning Fernhill Estate, along with the properties at 1119-1145 and 1147-1187 Mulgoa Road, is zoned as E3 – Environmental Management. The regulations related to this zoning category are detailed below. 1 Objectives of zone • To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values. • To provide for a limited range of development that does not have an adverse effect on those values. • To minimise conflict between land uses within the zone and land uses within adjoining zones. • To ensure development is compatible with the environmental capabilities of the land and does not unreasonably increase the demand for public services or public facilities. • To preserve and improve natural resources through appropriate land management practices. 2 Permitted without consent Extensive agriculture; Home occupations 3 Permitted with consent Agriculture; Building identification signs; Business identification signs; Cemeteries; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Farm buildings; Flood mitigation works; Funeral chapels; Home-based child care; Home businesses; Information and education facilities; Recreation areas; Roads; Rural supplies; Secondary dwellings; Tourist and visitor accommodation; Veterinary hospitals 4 Prohibited Aquaculture; Hotel or motel accommodation; Industries; Intensive livestock agriculture; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Serviced apartments; Turf farming; Warehouse or distribution centres; Any other development not specified in item 2 or 3.

Penrith DCP Heritage Controls

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Penrith Development Control Plan 2014 applies to Fernhill and the surrounding Mulgoa area. Among the objectives of the DCP are non-statutory provisions that promote the recognition of the past in the management, development and conservation of the heritage assets of Penrith. There are two sections of the DCP that specifically relate to the Fernhill site. Sections C7 - Culture and Heritage and E9 - Mulgoa Valley, of the DCP apply to the site and provide objectives and controls relating to heritage items and the Mulgoa Valley. The DCP contains two maps that set out views and scenic values that affect the Fernhill lands. The first map identifies the views that were available from the public domain around 1984. The map separates the land into parkland and woodland. The second map indicates areas of the Fernhill lands that require careful consideration in terms of future planning or development. The mapping also sets out what appear to be ‘visual boundaries’ in relation to Fernhill House, The Cottage and Fairlight. Some of the mapped areas make sense with what is now seen, however the change in the landscape character of the sites suggests that the DCP plans are now not accurate as they do not reflect what is currently available or what can be recovered. The views that may have been available in the 1980s are no longer extant. The mapping reflects the landscape, views and vistas as they appeared in the 1980s. In the ensuing 30+ years there has been significant change in the landscape setting through both clearing of the western precinct and then major regrowth of natural vegetation, bushfires and physical changes to the landscape. Some areas that are described as parkland, for example, are no longer in that form. Irrespective of the deficiencies of the DCP mapping, an intent can be drawn that the lands which form the visual setting of the heritage items need to be carefully managed and protected to retain visual values.

6.4 Opportunities for Use The size of the property and the variety of buildings and landscape features it contains present a wide variety of opportunities for differing uses on the site. It is anticipated that more than one single use will be necessary to make the property financially viable and it is important that any combination of uses be considered for their overall impact on the site. It is however vital that appropriate potential uses are found to maintain the viability of the property and its heritage buildings and context. Any new use should support the conservation of the Estate as a whole and the elements of heritage significance within it. This can be achieved by establishing a sustainable financial model to fund the maintenance of the Estate and by increasing public awareness and access to the property. The local community, through groups like the Mulgoa Progress Association, should be involved in the discussions around opportunities for use as the people of the local area are likely to be the most frequent visitors. In the consideration of potential uses it is important to assess the range of uses that may be proposed, the intensity of the use, the scale of the use, the ability of the landscape and property to accommodate the use in physical terms and the ability of the site to recover from some uses. Planning issues that may relate to some of the uses, the infrastructure that may be required for a use and whether the use is temporary or permanent also need to be considered. Any proposal for a new use of the property must be accompanied by a detailed outline and assessment of the use and a detailed heritage impact assessment. Setting out a use or activity in this section of the CMP does not suggest it will be approved but rather that the uses discussed are within the range of uses and activities that could be undertaken without undue impacts on heritage values. It is not the role of the CMP to determine future uses, however a consideration of the types of uses that may be appropriate is provided below.

Museum use

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Fernhill House is of an architectural and historic quality sufficient to justify its use as an historic house museum that tells the history of the area, the property itself and the history of its occupants from pre-European settlement to the present day. The occurrence of frontier wars in the Mulgoa area is important shared history, while the contribution of members of the Cox family to the development of the area and the state and various pastoral and agricultural activities is extensive. The story of more recent owners such as the Darlings and the Andersons is glamorous and dramatic. All these histories could form the basis for temporary and permanent displays, talks and other educational activities within a house museum.

Agricultural, pastoral and botanical uses The property has a history of agricultural, pastoral and botanical uses and as such these uses could be considered appropriate for the site. Such uses could include: • agistment of horses or stock in existing paddocks and using existing facilities and potentially additional or new facilities • maintenance of a small reserve for animals such as deer as has taken place in the past • cropping of paddocks for feed • other crop products • more intense farm uses such as raising poultry or other small animals • orchards as seen with the Pecan Grove on the northern driveway • grape production • Specialist botanic gardens • Rare and/or endangered plant propagation • Research and education facility for an Agricultural High School or University These uses can take place in any of the established paddock or cleared areas of the estate, but are not suitable in the garden areas around the house or environmentally sensitive areas of the estate. These uses are not able to be undertaken in areas set aside for BioBanking.

Uses within the BioBanking area Uses suitable within the BioBanking area are limited by the BioBanking agreement but may include: • Bush walking • Bird watching • Night time wildlife walks

Equestrian Uses The Cox properties have a long history of breeding bloodstock and on Fernhill that was extended by the Andersons with their stables complex, the construction of the racetrack and numerous paddocks and horseboxes. The racetrack has been certified as complying with Sydney Turf Club requirements. It is possible to expand the equestrian infrastructure on the site in carefully selected locations to provide additional facilities and to undertake a significant equestrian program without adversely impacting on heritage values. Facilities that may be considered include: • additional stabling and service buildings

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• areas developed for specific equestrian events and training including potential for visitor viewing areas • additional paddock areas and loose boxes Equestrian uses may include: • a riding school including riding for people with disabilities • stabling and agistment of horses • picnic races and other race meetings • show jumping competitions, displays or other specific equestrian events such as dressage. • Pony club events and trail rides • Establishment of a “Fernhill Cup” as an annual race meeting

Special Event Use There are extensive overseas and local precedents for large estates providing a venue for events. The success of many estates in being used as settings for events and their ability to manage them without adverse heritage impact, suggests that Fernhill can accommodate event use with suitable constraints and limits. Event use is often a preferred use for large country estates as events can be relatively short lived, allowing other uses to take place, and they can provide a connection to the community and income source for the property. Any event use would need to also satisfy amenity, traffic and other planning considerations. Providing opportunities for the community to visit the site, to experience some of the activities that take place on the site and to be involved with the property through general and private events for supporters will allow higher community involvement and enjoyment of the property. Fernhill has a recent history of events on the site. In 2012 an endurance event was held on the estate over several days with up to 20,000 attendees and in 2013 a picnic race event was held successfully with an attendance of around 5,000-6,000 people. In 2014 a concert was held and several smaller events have also been trailed. Activities and events, both private and community, can potentially provide an income stream for the property and provide public access to the site but they require careful planning and detailed management of issues such as security, sanitation, parking, and food and beverage service. In addition to equestrian events noted above, further event uses that may be appropriate for the site include: • Weddings • Corporate events • Church, school or community Fetes and Fairs • Vintage car displays • Antiques and collectables fairs • Craft exhibitions e.g. wood work, quilting, photography • Heritage festivals • Plant collectors’ fairs • Outdoor sculpture displays • Music recitals or small-scale music festivals • Christmas carol evenings • School, scout or guide camps • Historical re-enactments

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• Historic house murder mystery parties • Food and wine fairs • Ghost or night-time tours • Queen’s birthday fireworks There is also the opportunity to participate in wider festivals such as Sydney Open, Open Gardens, Vivid or Sydney Festival.

Venue Hire In addition to the uses listed above there may be the opportunity to provide venue hire for activities such as: • Photographic shoots • Writing workshops • Music workshops • Art workshops • Spiritual gatherings There may also be the opportunity to provide studio space for writers or artists in residence. There is also the opportunity to reinstate the former Tennis court and hire it out.

Community, social and educational uses There are a variety of community, social and educational uses that may be suitably accommodated on the site potentially utilising existing structures. These could include: • animal welfare activities that could utilise the existing but now derelict aviaries and exotic animal enclosure • community groups such as Australian Men’s Shed Association or Country Women’s Association that could utilise the large gardeners shed or the hay barn • vocational education in horticulture, garden maintenance, landscape maintenance or bush regeneration that could utilise existing sheds and outbuildings and appropriately sited garden beds

Short-term accommodation There is potential to provide short-term accommodation in a number of locations around the estate that could support other uses and provide a supplementary income stream for the property. Accommodation could take a range of forms including provision for camping, ‘glamping’, self- contained accommodation, guesthouse type accommodation. Like all potential uses, an accommodation use must be properly managed to ensure security of the heritage fabric and wider property and any changes to the site or buildings to accommodate an accommodation use must be undertaken in accordance with this CMP and subject to the relevant approvals. An accommodation function could support other activities such as those discussed under Special Event Uses above.

Support Activities Many uses of the site will require support activities such as sanitary facilities, accommodation, food and beverage provision, storage, security provision, parking and vehicle circulation. In determining the suitability of infrastructure for support activities a masterplan needs to be developed to identify

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 202 Fernhill Estate 6.0 Constraints and Opportunities the extent of facilities that could be accommodated without heritage impact. Some support activities may be able to be successfully accommodated within existing structures whilst others may require new construction. The over-riding consideration in placing any support activity on the site should be whether it fits comfortably into the rural character of the site and whether or not it can be provided without any noticeable visual or amenity impact. It is also important to see support activities as ancillary, that is, they must not dominate the use or management of the estate but rather facilitate other uses and remove pressure from heritage features of the place. The land at 1119-1145 and 1147-1187 Mulgoa Road is listed on the Penrith Local Environment Plan 2010 as Fernhill curtilage but it is not State Heritage listed. This land could host support activities in close proximity to the core Fernhill Estate and without impacting on any State Heritage fabric.

Passive recreation uses The opening of the estate grounds to the public could support a wide variety of passive and low impact recreational uses such as: • walking • picnics • sunbathing • low key ball games

Subdivision The property of Fernhill Estate that has been acquired by the Department of Planning, Industry and Environment aligns with the Heritage Curtilage as defined by the Heritage Council of New South Wales. Refer to Section 5.2 Definition of Curtilage. There should be no further subdivision of this area.

Interpretation Whatever uses are determined for the site the interpretation of the history of the site is essential and an interpretation plan should be developed as a key part of the operation of the whole site. Interpretation themes could include: • The role of the Cox family in Mulgoa, the Blue Mountains and more broadly including references to the church and Cox’s Cottage • The development of the house and estate historically and in more recent years • The bloodstock history of the wider Cox properties and the site The landscape history of the site from pre-colonisation through the agricultural and pastoral uses of the Cox estate and the Sorensen decorative landscape approaches.

Additional lands In 2019 the Department acquired additional lands to the south-east of the site at 1119-1145 and 1147-1187 Mulgoa Road. Whilst these do not fall within the State Heritage listed curtilage of Fernhill, they are listed in the Penrith Local Environment Plan and may provide an opportunity to relieve the pressures of new contemporary uses on the site such as high use vehicle entry, parking, and/or toilet facilities.

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6.4.1 Opportunities for changes and amendments to fabric The opportunities for changes or amendments to fabric should be confined to buildings or portions of buildings noted as of little significance or which are intrusive.

6.5 Statutory and Non-Statutory Listings 6.5.1 State Heritage Register (SHR) Fernhill is listed on the New South Wales State Heritage Register. The State Heritage Register is maintained by the New South Wales Heritage Office and comprises a list of places and items of state heritage significance, which came into effect on 2 April 1999.

6.5.2 Penrith Environment Plan (LEP) 2010 Fernhill is listed on the Heritage Schedule of the Penrith Local Environmental Plan 2010. The property is covered by a number of separate heritage listings that include all of the land except the Western Precinct. The additional lands at 1119-1145 and 1147-1187 Mulgoa Road are listed on the Heritage Schedule of the Penrith Local Environmental Plan 2010 as ‘Fernhill curtilage,’ along with lands at 10-156 Mayfair Road.

6.5.3 National Trust of Australia (NSW) Fernhill is listed on the Register of the National Trust of Australia (New South Wales). It is also included in the listing ‘Mulgoa Road, Mulgoa Group’. This is a non-statutory register compiled by the National Trust and listing places and items the Trust considers being of cultural and natural heritage; it performs an advisory and educational role.

6.6 Conserving the Natural Environment The landscape character of the Fernhill Estate is typical of the Mulgoa Valley with areas of open pasture and native forest located on rolling hills that rise from Mulgoa Road at the base of the valley. In relation to Fernhill, the house was particularly located on a knoll overlooking the valley to take advantage of panoramic views over the property and surroundings. The natural environment of Fernhill Estate consists of the remnant native vegetation that is located primarily to the western portion of the estate with areas of regrowth interspersed through the pasture and intermittent streams around the entry drive associated with the stone bridges. The preservation of the natural environment is seen in context with the management of the heritage values of the place that include managing the landscape as a pastoral construct with groups of native trees in pasture and a range of established and recognised views and vistas across the site. In relation to conserving the environment, priority is given to the conservation and maintenance of endangered ecological communities. Ecological communities should be maintained to discourage weeds and to encourage natural regeneration once threats, such as weeds, grazing and mowing/slashing, are controlled and managed. There are approximately twelve noxious weed species present within the more cleared and disturbed area of site (LA2, LA3, LA4 and LA5). Control measures should be undertaken to prevent the spread of weeds, depending on their type, to comply with the Noxious Weeds Act. Following control measures to kill weeds, native plants should be allowed to grow and re-establish in areas that are designated for regrowth. It is recommended to remove weeds from vegetation areas of good condition, such as in LA6 and along the easement to the east of this area, as a priority. This should then be followed by removal of weeds in other areas, as required. Other weeds on the site (e.g. olives) may be removed if required, however this should be undertaken without impact on native vegetation communities. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 204 Fernhill Estate 6.0 Constraints and Opportunities

Works also need to be undertaken throughout the Fernhill Estate to comply with the Rural Fires and Environmental Assessment Legislation Amendment Act 2002 in relation to bushfire hazard reduction. The natural flow regime of Mulgoa Creek to the east and Littlefields Creek to the south has been interrupted by the construction of farm dams. Consideration should be given to the function and need for dams in the management of water quality and natural flow regimes within the property, the downstream catchment, and connectivity particularly along Littlefields Creek. However, care is required in contemplating changing dam arrangements as the current infrastructure has developed its own environments that are now well established. The vegetation around the dams in LA4 is intrusive to the landscape and as suggested elsewhere in this report should be considered for thinning or replacement. Water bodies that contribute to the place’s heritage significance should be retained and conserved and where appropriate recovered to their early form (discussed further under Section 5.4.1 below).

6.7 Managing the Cultural Landscape 6.7.1 Character and Integrity The character of Fernhill’s landscape has evolved but retains broad elements of a picturesque landscape, in particular the siting of the house, the commanding position and views gained from the knoll that it is situated on and the informal groupings of trees through the broader grounds of the property. The garden was restricted to a broad grassed curtilage consisting of specimen trees, gravel drives and more practical areas to the rear of the house. A park-like landscape was developed through clearing of the native vegetation. Some native species were replanted through the property and clusters of exotic plants were planted near the house. The important landscape character at Fernhill is that it incorporated Indigenous plant material that included thinning, shaping, tree removal and planting. The immediate garden landscape around the house was limited with minimal garden beds. Information about the immediate house surrounds is scant and there is reliance on early sketches that indicate a sparse planting close to the house. The integrity of Fernhill’s landscape character has been modified over time and can be summarized into four main phases: • the re-alignment of Mulgoa Road in 1949 and the relocation of entry points to the property and the creation of the easement for movement of materials and then supply of electricity in relation to Warragamba Dam; • the addition of large-scale farm buildings in the 1960s by the Darlings; • the house garden alterations and additions by Sorensen in the 1960s and 1970s that were focused around the garden of the house; and • alterations and additions to the entire property’s landscape by the Andersons from the 1980s which involved significant changes to the immediate setting of the house in particular. The house (1842) and the stables (1839) were the original built elements in Fernhill’s picturesque landscape setting approached from a carriage drive that passed over a tributary creek and ornamental bridges, past a reflecting pond and culminating at the house’s eastern elevation in a carriage loop. The house was built on a rising grassy hill with panoramic views around the valley. Various farm buildings or structures were added throughout 20th century, including a chicken hatchery, piggery, bird aviaries and enclosures for deer and other game animals. These structures were in-keeping with the use of the rural property and were situated away from the house. The approach to the house was changed following the realignment of Mulgoa Road in 1949, which led to a new entry and portion of the southern driveway further south of the original entry off the new Mulgoa Road and a relocation of the northern entry. It is not known if remnants of the original driveway and entry are on the portion of land on the eastern side of Mulgoa Road.

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The original southern driveway alignment is still visible in the landscape with the remnant apple trees. Reinstatement of the original entry from Mulgoa Road cannot be facilitated due to the cut of the realigned Mulgoa Road. It is recommended to conserve the remnant apple trees along this original portion of the driveway, and to consider replanting this species along the original southern driveway alignment should these trees die, as a way to interpret the driveway’s original alignment. Many elements of Paul Sorensen’s landscape design at Fernhill in the 1970s are considered to be of moderate to low heritage significance. While having their own value, reflecting Sorensen as a prominent landscape designer, the Sorensen works largely altered the immediate colonial setting of the house while retaining the siting of the house in its broader setting. While the detailing reflects contemporary design of the time, the siting of car parking and the swimming pool below the house conflicts with the historic colonial curtilage landscape. The colonial cultural landscape should take precedence over later alterations.

6.7.2 Fernhill Grounds and Cultural Plantings The gardens and grounds of Fernhill require maintenance on a more frequent basis than the buildings. This maintenance needs to be undertaken with an understanding of what is important about the original design of Fernhill’s grounds, and the landscaped house garden by Paul Sorensen in the 1960s and 1970s. Fernhill’s modified cultural landscape and house garden have some significance, as well as providing a picturesque setting for the house. The significant flora that forms part of the landscape character of Fernhill includes: • various mature trees, both retained (e.g. apple gums) and planted pines (e.g. Stone, Bunya and Hoop Pines remnant of 19th century garden); • other plantings around the house garden, such as Camphor Laurels and Giant Bamboo; • remnant bushland (e.g. now critically endangered ecological communities); • and the design of retaining (and/or planting) trees in clumps to highlight significant views and vistas. Existing or planted flora of exceptional or high significance should be replaced with the same species at the end of the natural life, and with the same design intent for Fernhill’s ‘parklike’ landscape. There are various plantings (and over plantings) added from the 1980s that are of little significance or are intrusive elements in Fernhill’s picturesque grounds. Plantings of little significance or that are neutral, such as the grove of Chinese elms north-east of the house (1970s) or Willow trees along the access road north of the northern dammed lake to the Manager’s Residence (1980s), may be maintained but not necessarily replanted with the same species or in the same locations. Intrusive plantings, such as the hedge along the access road north of the house (1980s), should be removed where they directly obscure views and vistas to the Valley and Fernhill’s grounds to the north and east. The Sorensen garden elements and later modifications may be retained, but should be altered to recover aspects of the colonial significance of the site where this is possible. Elements of the landscape that have been developed since the 1960s vary in condition and a number of features will require repair or reconstruction to remain serviceable such as the concrete balustrade to the swimming pool terrace. There is minimal external lighting in the house garden which may be a safety issue from accessing the existing carport and driveway up the paved paths and stairs to the house, especially in the area west and southwest of the house that is currently used as the principal entry. Additional lighting requirements around the house garden and should be designed to be sympathetic to the character of the grounds and buildings. Ongoing and longer-term maintenance works are required, this will include inspections and repairs (where required), routine mowing and gardening and pruning and repairs to garden elements such as pergolas, stairs, pavements, balustrades and the water reservoir structure (west of house).

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The following discussion briefly considers the considerations for each of the landscape precincts described earlier in the CMP.

6.7.3 Precinct 1 – The House Garden The house garden should be retained as a garden setting with expansive lawns around the house. Even though the current form of the garden has modified the colonial setting, it provides an appropriate setting for the house and is mature and well established. Some elements of the garden setting may be altered or changed in the future provided that the significant aspects of the setting are retained. The key characteristics of the setting are the garden enclosing the house providing views and vistas out into the landscape. Key considerations in managing this area in the future include: • General maintenance of pergolas and garden features • Consider removal of the swimming pool • Requirements for equitable access for uses around the house and into the house • The poor condition of the concrete balustrading to the terrace and the need to replace it • Maintenance of paths to remove trip hazards and the like • Retain all of the early ornamental plantings or replant with matching species • Potential to recover some of the views to the house from the estate by changing fencing and possibly landforms.

6.7.4 Precinct 2 – North and North-west of the House Garden This precinct offers potential for re-establishment and development for a range of uses as significant areas have been modified for farm and commercial use. The site of the burnt-out buildings offers potential for new elements to be discretely added. Key considerations in managing this area in the future include: • The open lawn area with tree plantings to the west should be generally retained as a screen to the service areas beyond. • The need to conserve the former winery building, possibly adapt it and provide a suitable setting for it. • The potential to use the horse paddocks for other equestrian uses. • Limits on development under the power lines and within that easement. • The potential to use the immediate land to the north of the access road in conjunction with works in this area. Overall this area should be managed as gardens and lawn around the buildings and as a service or area for possible development to the west.

6.7.5 Precinct 3 – South of the Southern Driveway This area comprises paddocks and regrowth along the creek alignment and along the western part of the entry drive. The area should be retained as paddocks separated from the driveway by the serpentine stone wall. It may be possible to locate some farm buildings in the area to serve rural uses but they should be sited well away from the driveway. There is some potential to extend uses that relate to the stables into this zone but visual setting and the need to retain the rural character should not be compromised.

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Areas of regrowth are designated for BioBanking and will be managed for that purpose. Key considerations in future management of this area will include: • Retaining the area as an open landscape principally with open paddocks for grazing etc. • Carefully defining and managing the edge between the paddocks and the regrowth along Littlefields Creek so that regrowth does not encroach into the paddock areas • Developing appropriate forms of fencing to separate site zones such as BioBanking areas

6.7.6 Precinct 4 – East of the House This is the central and core part of the rural setting of Fernhill. It retains its open form but has the addition of the race track, the reflecting pond, the rebuilt stone bridges and the stables complex. While the character has changed over time it still retains the key rural setting for the house that overlooks the landscape. Key considerations in managing this area in the future include: • Retaining the area as an open landscape without additional buildings or structures. • Managing the paddock areas to retain their rural use • Removing fences where not required, intrusive and of late twentieth-century to recent date • Managing fences to prevent further sub-division of the landscape • Managing fences to prevent visual impacts • If the racecourse is maintained, managing it to allow its recreational use, maintain it in good condition and to reduce its visual impact • Managing the dams and plantings to recreate the more open form to the landscape with small clumps of trees • Managing uses so that they do not impact on the rural character to reinstate missing and senescent trees. • Conserving the tree lined entry drive with a re-planting program • To provide uses which retain the rural character and quality of the area.

6.7.7 Precinct 5 – North of House and Northern Driveway This area comprises paddocks, an orchard, dams and areas of revegetation. It also contains the hayshed. The topography generally falls away from the central area and the open grasslands provide part of the edge visual setting to the core precinct. Key considerations in managing this area in the future include: • Retaining the open pastoral form of the landscape, particularly as viewed from the entry driveway. • Retaining the driveway as a rural drive without upgrade or enhancement. • Focusing any new uses requiring buildings on the hay shed area or possibly near the edge of the lake but out of view lines from the entry driveway. • Managing the pecan grove and potentially other similar uses in that general vicinity. • Managing the dam, its edges and spillway. • Keeping any proposed development low and modest in scale to fit into the rural character of the setting. • Adding farm buildings that may be required to service the farm activities that may take place.

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• Carefully defining and managing the edge between the paddocks and the regrowth along the creek so that regrowth does not encroach into the paddock areas

6.7.8 Precinct 6 – Western Hill area behind the House This area is almost completely regrowth bushland with access tracks for management with a small cleared area on the western edge of the precinct. The area should be managed for natural values with some potential to add minor development onto the western edge of the area.

6.7.9 Precinct 7 – Eastern Portion of the Estate This is the small remnant section of the estate separated by the Mulgoa Road deviation and reconstruction; it has been bio-banked and needs to be managed for its natural values while retaining an appropriate setting for the church.

6.7.10 Bushfire Management Fernhill has had a number of severe bushfires across the site in its history. The most recent fire in 2000 destroyed a number of buildings, including the former slab post office on Mulgoa Road, fences and extensive areas of vegetation. The core buildings and site areas were able to be protected largely through the access to large water storage on the property. The Bushfire Management Plan GHD assessed Fernhill as being ‘bushfire prone’. The report recommends the implementation and maintenance of Asset Protection Zones for the property to comply with relevant legislation. There is a fire trail through Landscape Area 6, which should be maintained to provide access for fire fighters.

6.7.11 Views and Vistas The original design of Fernhill’s grounds was to provide for significant views and vistas, through clumps of trees and singular specimens in the style of Humphry Repton, from and to the house along the southern carriage drive, and from the house to Fernhill’s picturesque grounds and the Mulgoa Valley. Various changes to Fernhill over time have impacted on significant views and vistas. Section 4.4 discusses these impacts. There are some opportunities to reinstate lost significant views and vistas in future works. For example, trees and hedges planted in the 1980s north and east of the house could be considered for removal or part removal, or not replaced at the end of their natural life. There is the potential to reclaim the view from the outer point of the curve in the driveway to the steeple of St Thomas Church and this should be undertaken. The revegetation of Cumberland Plain Woodland across the estate has impacted the historic views and vistas between Fernhill house, St Thomas’ Church and Cox’s Cottage that were evident on the 1947 aerial photographs. Historic accounts in Section 3 note the once strong visual relationship between these buildings, which has been now been lost through the cumulative effect of the realignment of Mulgoa Road and the construction works to achieve that and increasing natural revegetation both on and off the Fernhill site. As the vegetation is also significant and forms part of the present character of Fernhill, it is not considered appropriate to remove all of the vegetation in these areas to reinstate these view corridors, however a balanced approach to conserving Cumberland Plain Woodland and vistas and views is required to allow some recovery of views and to further open up the setting of the Estate where views can be recovered. Opportunities should be taken, when they are available, to recover some of the vistas and views that existed and the landscape should be managed to ensure that further views and vistas are not impacted by regrowth or ill-considered changes to the property.

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Similarly, the early drive alignment that extended across Mulgoa Road linking the Cottage and Fernhill, which remains in remnant form, even though the deviation of Mulgoa Road has changed the crossing location should be interpreted by management of the immediate landscape setting around the edges of Mulgoa Road.

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7.0 Development of Conservation Policy 7.1 Introduction Having regard to the above statements of significance and the constraints and opportunities noted in Section 6.3, conservation policies for the place can be developed in the areas of: • Treatment of the fabric • Interpretation of the place • Use of the place • Intervention in significant fabric • Adaption of significant fabric • Additions and new buildings and other features at the place • Conservation procedures at the place • Adoption and review of conservation policies

7.1.1 Treatment of fabric Conservation guidelines for the place should determine the extent to which significant fabric should be retained and conserved. The most significant fabric should be conserved in accordance with the principles of the Burra Charter. While all the fabric in the place can be considered to be significant to some extent, not all of the fabric is of such significance to warrant conservation in accordance with the principles of the Burra Charter. Levels of preservation appropriate to such fabric include: • Where alteration or removal of the fabric is essential to maintain the continued historical use of the site for the purposes of healthcare or community uses; • Where alteration or removal of the fabric is necessary for the conservation or interpretation of the place; • Where alteration or removal of reconstructed fabric is desirable to create a more accurate reconstruction of elements of the place; • Where alteration or removal of fabric is optional; and • Where alteration or removal of fabric is desirable. While any significant fabric remains, it should be maintained in order to avoid ‘demolition by neglect’. Fabric reconstructed in accordance with the conservation policies should also be maintained. Views to the place and from the place that are defined by fabric or contribute to the significance of the place should be maintained and either protected from change or re-established.

7.1.2 Owners’ requirements Fernhill is owned by the NSW Department of Planning, Industry and Environment. The place is recognised as an early significant estate and this study has been generated by a desire to protect the place from further damage and to understand what sympathetic uses could be considered for Fernhill, some of which may involve greater public access. The conservation and management policies that follow in this report should guide any future usage arrangement for Fernhill to ensure the conservation and maintenance of the farm buildings.

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7.1.3 Compatible uses Any future development planned for the farm will require a Statement of Heritage Impact for any physical modifications that are likely to affect any buildings, landscape features or the existing reduced curtilage. Such development would include minor alterations to any of the buildings or a change in use. The probable impact of any such modifications will need to be assessed by a suitably qualified heritage architect.

7.1.4 Interpretation of the Place Policies for the interpretation of the place should address the following: • Appropriate mechanisms for interpretations • Principal themes for interpretation • Aspects of the place of outstanding significance which should be emphasised • Configurations which are most appropriate for the fabric • Specific conservation opportunities • Restoration and/or reconstruction works essential to the understanding of the place • Levels of public and specialist access

7.1.5 Use of the Place The significance of the place is embodied in its historical use. The use of the site should be acknowledged, interpreted and ideally conserved. Where it is not possible to retain the original use, other uses sympathetic to the original use are preferable. As noted above, changes to the fabric to allow continuing use of the place for any activities need to be addressed. • The control of the requirements of any historic uses need to be considered. • Changing of any incompatible uses need to be considered. Inappropriate uses that might confuse or obscure the historic associations of the place should be identified and avoided. Uses which can help the interpretation of the place should be identified.

7.1.6 Intervention in Significant Fabric Conservation guidelines should identify areas where significant fabric can be disturbed. The degree of professional involvement appropriate to any disturbance should also be identified. Appropriate levels of investigation of the fabric for conservation of the place and for scientific research should be addressed.

7.1.7 Adaption of Significant Fabric The most extensive intervention into significant fabric is likely to occur if new uses are being accommodated at the place. Depending on the level of significance of the fabric, different levels of alteration are appropriate and include: • Conservation in accordance with the Burra Charter; • Partitioning of internal spaces; and • Removal of elements of the place.

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7.1.8 Additions and New Buildings and Other Features at the Place Guidelines should address the design of new buildings and additions. Additions should be defined in location, form, height, bulk and the effect they have on existing fabric. New buildings and features might be detrimental to the place and its setting and should also be defined in terms of their location, form, height, bulk and their effect on views to and from the place. New elements at the place such as free-standing structures, temporary structures, outdoor furniture, roads and car parks, and external lighting need to be addressed.

7.1.9 Conservation Procedures at the Place As the place is of high cultural significance, procedures for managing change and activities should be managed by recognized conservation methodologies such as the Australia ICOMOS Burra Charter.

7.1.10 Adoption and review of Conservation Guidelines The conservation guidelines should contain recommendations about the adoption of the guidelines. Because the place will change over time, the conservation guidelines should be reviewed periodically to ensure they continue to address the significance of the place and the constraints and opportunities of the place.

7.1.11 Asset management The Fernhill Estate, its landscape and buildings should be managed as a single asset. The property currently defined by the Heritage curtilage should not be further subdivided. Uses need to be found for the property that enable the property to remain viable and to provide for the protection and maintenance of the heritage fabric and landscape. This is a rare property with original buildings of a high quality in a relatively intact condition in which the original design intent and uses are still legible. It is of State significance. The Significant fabric should be conserved in accordance with the policies set out in this Conservation Management Plan. The high quality of the house has led to the development of policies that favour removal of intrusive fabric where practice and that aim to locate any new intrusive elements within already intrusive elements of the property. The most desirable option for the house, original stables, winery ruin, box drain and bridges would be to become part of a historic house museum scenario with other buildings that are not significant fabric used for activities to support the museum and the property more widely. If this is not a viable option other uses for the items of significant heritage fabric should be found that retain, maintain and support the structures of heritage significant fabric.

7.1.12 Conservation of significant fabric Background One of the key objectives of contemporary conservation practice is that the significant original fabric of the building or place is to be retained and conserved in order to preserve the essential integrity of the heritage resource for future generations. While any conservation activity will affect the building in some way, the aim, consistent with responsible re-use or management aims, is to minimise the work and changes necessary. In this way the authenticity of the item will be retained within a process of evolutionary changes and good maintenance practice. Article 3 of The Burra Charter indicates that conservation is based on a respect for the existing fabric of a place and the least possible physical intervention in order not to distort the evidence provided by the fabric. Article 4 of The Burra Charter requires appropriate knowledge; skill and disciplines are applied to the care of the place. Much of the building fabric of the house and the original stables,

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 213 Fernhill Estate 7.0 Development of Conservation Policy both internally and externally, is of exceptional significance and is to be treated with great care. In addition, the Winery ruin, box drain and bridges also comprise original fabric in either part or whole. The exceptional and highly significant fabric is to be conserved in accordance with recognised conservation principles and procedures included in the Australia ICOMOS Burra Charter 2013; where conservation includes all of the processes in looking after a place including maintenance, preservation and interpretation including restoration and reconstruction where appropriate.

Guidelines Under current legislation any proposed development including alterations and additions on the site including repairs and maintenance, may require one or more consents and approvals. The significant form, fabric and spaces that comprise the architectural character of the house, original stables, winery ruin, box drain and bridges along with the site, setting and archaeological resources is to be retained and conserved. Considering the relative significance of the building elements listed in Section 5, the following policy for treatment of the fabric is considered appropriate: • The conservation, adaptation and maintenance of the house, original stables, winery ruin, box drain and bridges are to be approached with the general Burra Charter principle of changing as much as necessary but as little as possible. • Structural alteration to the building components, which impact on the integrity or significance of the house, original stables, winery ruin, box drain and bridges is not to occur. • Adaptation of the building's interior is to ensure that the original fabric or significant architectural and spatial features are retained and interpreted. • The detailed requirements of any ongoing or new uses is not to generate unacceptable impacts or changes to the existing fabric, and is to respect and work within the existing architectural framework. • Introduced fabric rated of little or intrusive significance can be replaced if necessary, to support the function of the built elements of heritage fabric.

7.1.13 Conservation of significant spaces Background The significance of the Fernhill Estate and its setting is in large part the intact nature of the house and original stables both externally and internally. The original built form and detailing of the house, and stables are largely intact. The spatial qualities of the built form of the house and original stables are of exceptional significance and despite some changes to the fabric of these buildings the original intent and uses are still easily legible. Guidelines The existing plan form and internal rooms of the house should be retained with the exception of the bathrooms, kitchen, laundry and the division of larger spaces into small bedrooms. No further internal subdivision of internal room spaces is appropriate and where practical recent subdivisions of original rooms should be removed. No further fencing should be undertaken within the landscape and where practical recent divisions of the landscape by fencing should be removed.

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8.0 Conservation Policies and Guidelines 8.1 Definitions The terms place, cultural significance, fabric, conservation, maintenance, preservation, restoration, adaptation and compatible use used in this text are defined in the Australia ICOMOS Burra Charter 2013. Place means a geographically defined area. It may include elements, objects, spaces and views. Place may have tangible and intangible dimensions. Cultural significance means aesthetic, historic, scientific, social or spiritual value for past, present or future generations. Cultural significance is embodied in the place itself, its fabric, setting, use, associations, meanings, records, related places and related objects. Places may have a range of values for different individuals or groups. Fabric means all the physical material of the place including elements, fixtures, contents and objects. Conservation means all the processes of looking after a place so as to retain its cultural significance. Maintenance means the continuous protective care of a place, and its setting. Maintenance is to be distinguished from repair which involves restoration or reconstruction. Preservation means maintaining a place in its existing state and retarding deterioration. Restoration means returning a place to a known earlier state by removing accretions or by reassembling existing elements without the introduction of new material. Adaptation means changing a place to suit the existing use or a proposed use. Compatible use means a use which respects the cultural significance of a place. Such a use involves no, or minimal, impact on cultural significance.

8.1.1 Definition of the Place Fernhill is located off Mulgoa Road, Mulgoa. The estate is situated on 383 hectares and is bordered by Mulgoa Road to the east, and surrounded by pastoral land. Refer to Figure 1 for a location map.

8.1.2 Definition of Significant Fabric The significant fabric of the place is defined as: Fernhill house The Fernhill stables The existing curtilage and semi-rural setting of the place, including colonial landscape features, especially fences and cultural plantings.

8.2 Policies This Section provides conservation policies to assist the property owner to manage Fernhill’s diverse values and historic fabric. A conservation policy explains the principles to be followed to retain a place’s heritage significance and how that significance can be enhanced when undertaking conservation and maintenance works or proposing change to the place. The following table cross references the various policies by subject matter to assist in following the various policy areas. Table.

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Item Policies Additional Lands 166, 167, 168, 169, 170 Approvals and Permits 2, 13, 70, 110, 121, 123, 127, 128, 129, 137, 138 Archaeology 121, 125, 126, 127, 128, 129, 130, 131, 132, 133 BioBanking 15, 40, 57, 58, 59, 60, 68, 69, 70, 71, 152, 153, 154 Built elements within the 49, 51, 52, 113 garden area Bushfire 123, 124 CMP 4, 8, 13, 163, 166 Compliance 1,3, 5, 6, 7, 18, 52, 70, 80, 127, 128, 129, 131, 132, 133 Conservation of the Natural 14, 15, 16, 17, 37, 57, 58, 59, 60, 67, 68, 69, 70, 121, 143, 152, Environment 153, 154 Cultural landscape 23, 24, 29, 34, 38, 39, 40, 42, 43, 44, 45, 49, 50, 52, 53, 54, 56, 60, management general 61, 62, 64, 66, 69, 71, 72, 73, 74, 75, 76, 100, 101, 103, 111, 113, 114, 115, 116, 139, 153 Dams and watercourses 21, 22, 60, 62, 64, 66 Entry drive 23, 24, 61, 64, 74, 76, 100, 104 Equestrian Uses 144 Equitable Access 52, 117 Event Uses 145, 146, 163 Fairlight 122 Fencing 35, 36, 51, 52, 58, 59, 64, 74 Fernhill House 77, 78, 79, 80, 81, 82, 83, 84, 89, 90, 91, 92, 93, 94, 155, 156, 157, 158, 159, 160, 161 Gardens 44, 45, 49, 50, 51, 52, 113, 157 Hay Shed 65 Infrastructure 105, 106, 107, 111, 115, 119, 121, 145, 148, 159 Interpretation 162, 163 Maintenance Works 4, 9, 10, 12, 46, 49, 52, 54, 63, 64, 81, 82, 84, 85, 87, 89, 90, 93, 94, 97 Masterplan 109, 113, 148 Mulgoa Road 112 New Uses/managing uses 29, 53, 54, 55, 56, 64, 70, 90, 108, 109, 112, 113, 120, 121, 134, 135, 136, 137, 138, 139, 142, 145, 147, 148, 149, 150, 151, 162 New Works 27, 29, 53, 56, 61, 66, 70, 78, 79, 86, 90, 91, 108, 109, 110, 111, 112, 113, 158, 159 Open Paddocks 27, 56, 58, 59, 60, 64, 65, 66, 144 Personnel Requirements 8, 9, 10, 11, 48, 114, 127, 134, 136 Power Lines and easement 54 Public Access 146, 156, 157, 158, 161

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Quarry sites 31 Race Track 26, 62, 63, 144 Reflecting pond 23, 62, 74 Replanting of trees and 24, 38, 39, 51, 64 other plantings Further Research 96, 164, 165, 166 Roads and entrances 33, 67, 100, 101, 102, 103 Rural Uses 38, 58, 59, 141, 142, 143, 144 Service drive 66, 101 Signs 118 Sorenson Garden Elements 37, 47, 51, 52, 113 St Thomas Church 71 Stables complex 63, 64, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 95, 112, 138 Stone bridges 23, 30, 31, 62, 66, 99 Stone fencing 25, 51, 56, 74, 98 Sub-division 120, 121, 122 Swimming Pool 51, 52 Tennis Court 113 Termites 46 Views and vistas 23, 28, 40, 42, 51, 56, 61, 64, 70, 71, 72, 73, 74, 75, 76, 113, 118, 122

8.2.1 Compliance with Statutory Controls and Guidelines The management and maintenance of Fernhill must be undertaken to comply with applicable legislation, plans and policies, including those noted in Section 5. Policy 1. All works to the place must comply with relevant codes and legislation. Policy 2. Approvals and permits are required to undertake most works at Fernhill. Standard exemptions apply to the site for basic repair and maintenance. Site specific exemptions also apply for some works however agreement from the NSW Heritage Division is required prior to undertaking those works. The policies set out in this CMP are not subject to standard exemption 6 unless a site-specific exemption for the particular policy has been granted by the NSW Heritage Division. The Integrated Development Application process is recommended for approvals required under both the Local Government and the Heritage Acts. Approvals must be obtained prior to undertaking works, through Penrith Council, the NSW Heritage Council and various State government authorities that may have jurisdiction over the site. Policy 3. Fernhill must, as a basic requirement, be maintained and conserved to meet the minimum standards of maintenance and repair under Section 118 of the NSW Heritage Act in relation to protection from weathering, damage or destruction by fire and security threats. Policy 4. Fernhill should, as outlined and required in this CMP, be maintained and conserved to a high level to ensure that its heritage values are retained and not compromised.

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Policy 5. Any strategies or solutions to ensure that components of Fernhill comply with the National Construction Code should be based on the cultural significance of the place. Policy 6. Where necessary, alternative solutions and performance-based outcomes should be pursued to ensure the intent of the code is met without adversely impacting on significant fabric. Should conflicts arise between compliance and cultural significance the Heritage Council of NSW is able to provide advice and assistance in seeking appropriate compliance solutions through its Fire and Services Advisory Panel. Policy 7. Works should be carried out in accordance with the principles set out in the Australia ICOMOS Burra Charter, such as repairing significant fabric in-situ and only replacing significant fabric when it cannot be suitably repaired. Policy 8. Staff and contractors working at Fernhill should understand the overall significance of the place, what the significant fabric is, and how this should be conserved and maintained to retain the place’s heritage significance. A copy of this CMP (and updated versions) should be kept at the property for reference at all times and be referred to when planning and undertaking works. Policy 9. It is recommended that an easy to refer to guide is prepared for persons doing maintenance and conservation works to the place, to guide them on where professional advice may be sought. Policy 10. ‘Maintenance’ works, being the continuous protective care of the fabric and setting of a place (as distinguished from ‘Repair’) at Fernhill, should be undertaken by persons having an awareness and understanding of the heritage significance of the place. Policy 11. Conservation works at Fernhill should be undertaken by suitably qualified persons to ensure long-term conservation of the place’s heritage fabric and overall values. Policy 12. The Maintenance Schedule by JPA&D dated 2018 is to be complied with. Policy 13. This conservation management plan should be updated within 10 years or if a major change is proposed that is not addressed within the existing policies of the CMP to remain relevant to ongoing change and use of the property, and various statutory controls and guidelines.

8.2.2 Conserving the Natural Environment The following policies are aimed at conserving the natural environment at Fernhill. This includes landforms, water courses and native flora and fauna. Requirements for reinstating riparian corridors along Littlefields Creek, as mentioned in Penrith LEP 2010 (Flora and Fauna Conservation), have also been taken into consideration. Policy 14. The historic natural and colonial cultural landforms of Fernhill Estate should be conserved to ensure that the overall significance of the place is maintained. This includes the hill where the house is sited, the gently undulating hills throughout the property, and the various tributary creeks through the property. This policy excludes the areas of the house garden (Landscape Area 1) that were modified in the 1960s and 1970s as these are of lesser significance than the colonial cultural landscape. Policy 15. Conservation and management of the significant areas of natural environment on Fernhill Estate should be undertaken. This could be achieved through a variety of means, such as BioBanking and conservation conveyances under the guidance of a suitably qualified Ecologist. Policy 16. Significant remnant native vegetation on Fernhill Estate should as an overall principle be retained and conserved. However, there needs to be careful consideration of the place’s heritage significance in managing the landscape as the placement of native trees and the identified views and vistas of the place. In doing so, selective removal and thinning of vegetation may be necessary to reinstate the established heritage values of the place and to carefully define natural and modified landscapes. Policy 17. Priority should be given to the conservation and maintenance of endangered ecological communities. Ecological communities should be maintained to discourage weeds and to

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 218 Fernhill Estate 8.0 Conservation Policies and Guidelines encourage natural regeneration once threats, such as weeds, grazing and mowing/slashing, are controlled. Policy 18. Noxious weeds throughout Fernhill Estate should be removed to comply with control measures in the Noxious Weeds Act and with guidance from the local council, with priority given to areas of good condition remnant native vegetation, such as Landscape Area 6. Policy 19. Where Monterey Pines have been planted as a deliberate group or individual trees they should be retained and monitored to prevent seeding in bushland areas. Policy 20. Where Monterey Pines have self-seeded, they should be removed. Policy 21. Consideration should be given to the role of the dams in the improvement of water quality and natural flow regimes within the property, the downstream catchment and connectivity along Littlefields Creek. This policy excludes the original reflecting pond along the southern driveway and the 1980s reflecting pond directly east of the house. Policy 22. Water bodies that contribute to the place’s heritage significance should be retained and conserved and where appropriate recovered to their early form.

8.2.3 Managing the Cultural Landscape The following policies are to conserve Fernhill’s cultural landscape, specifically those elements that contribute to its heritage significance, such as its picturesque landscape character, various cultural plantings and significant views and vistas. Changes to the landscape that are not of heritage significance or that are intrusive, should be considered for removal or future change. Character and Integrity Policy 23. The established picturesque pastoral landscape that forms Fernhill’s significant historic setting should be retained and conserved. Features of this landscape include the serpentine carriage drive approach to the house (southern driveway), the reflecting pond along the southern driveway, the stone bridges and picturesque views and vistas to Mulgoa Valley and throughout the property. Policy 24. The remnant apple trees along the current and former southern driveway should be conserved to understand the original carriage approach to the house. Consideration should be given to replanting the southern driveway with the same species when the existing trees reach the end of their natural life, and replanting missing apple trees along the length of the southern driveway (including the original alignment at the eastern end as a form of interpretation). Policy 25. The c. 1980s stone fencing that flanks the main driveway and extends around various paddocks should be removed where possible to re-establish the expanse of the colonial cultural landscape including reinstating views and vistas in key areas. Policy 26. The c. 1980s race track should be removed if practical. If retained the track fencing should retain the character of a rural race track. There should be no additional infrastructure. Policy 27. The open form of the central part of the landscape (Precinct 4) should be retained as open paddocks with scattered trees and groups of trees. No development or works should take place that change the open character of this part of the landscape. Policy 28. Tree growth around the lakes should be thinned to recover more open views through the precinct. Policy 29. Overall the Estate should be retained as a rural estate in character. If new uses or activities are proposed they must be introduced in ways that do not affect the overall rural character of the place. This will mean locating any new elements, infrastructure or services discretely, in nominated areas and away from the key landscape areas of the place. Policy 30. The two ornamental stone bridges were original ornamental design elements of the Estate. Although the bridges have been partially rebuilt in the 1960s and again partially rebuilt in the

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1980s, they should be retained and conserved as historic design elements that contribute to the picturesque landscape. (Refer also to policy 99) Policy 31. If it appears likely that traffic volumes will increase significantly across the bridges, and no alternate entry and driveway is possible, engineering advice should be sought to ensure there is no long-term stability issues that need to be addressed. Policy 32. The two quarry sites were used to source sandstone for construction of the stables, house and potentially other built elements on the Estate. These are historic elements that should be retained. Policy 33. Driveways and access points should be maintained as rural scaled entrances, and if additional access points or roads are required in the future, they should be part of a site masterplan that responds to the heritage values of the site and the access needs of the site. Policy 34. Elements that were originally part of Fernhill’s significant colonial landscape design that have been removed or changed throughout the 20th century, may be considered for reinstatement or recovery. These elements are identified in the assessment of significance as being of high significance and dating from the early development of the site. Policy 35. Where possible, visually intrusive fencing should be minimised. New fencing should be carefully located for both function and visual considerations using a suitable rural style and character. Policy 36. Fence types are to be rural in character and be limited to the current of post and rail fencing, post and wire fencing and stone fencing from c. 1980s. Policy 37. The structure of the design of the house garden by Paul Sorensen in the 1960s and 1970s (Landscape Area 1), noted as having little heritage significance, may be retained or may be capable of adaptation, noting that elements of the Sorensen garden have been altered over the last 30 years. Policy 38. The overall landscape character of the Estate is to be managed as a cohesive rural property that respects and strengthens the recognised and listed heritage cultural values of the place while acknowledging contemporary uses of the place. Any proposed changes and modifications are to be thoroughly assessed through specific heritage impact statements.

Cultural Plantings Policy 39. The significant historic exotic plantings in the house garden, including specimen plantings of Stone Pine, Bunya Bunya Pines and Hoop Pines, should be retained and conserved. A tree replenishment strategy for all colonial plantings is to be undertaken to ensure that the amenity of the trees be maintained. Policy 40. Plantings of moderate significance throughout Fernhill Estate should generally be maintained and conserved. At the end of their natural life the same species or others that complement the design intent of the grounds can be considered for replanting. Replanting should not adversely impact on significant views and vistas. Policy 41. Where plantings of moderate significance impact on views and vistas they may be considered for selective removal to recover other heritage values. This may need to be undertaken in conjunction with BioBanking maintenance if the area is subject to a BioBanking agreement. It is noted that the main opportunities to open up former vistas and views exists through the eastern precinct looking towards Mulgoa Road, between the reflection pond and the house and bridges and to the north of the house where very dense planting dominates the area around the upper dam. The views that once existed between the house and St Thomas Church have been severed due to: • BioBanking agreements over part of the Fernhill land within that viewshed • Protected planting on the St Thomas site within the viewshed • The road works and embankments to create the Mulgoa Road diversion and the now dense associated roadside plantings that obscure views into the adjoining properties JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 220 Fernhill Estate 8.0 Conservation Policies and Guidelines

• The now mature driveway plantings at Fernhill which are of high significance. Where possible these views should be reinstated. Policy 42. Plantings of little significance or that are neutral, such as the grove of Willow trees along the access road north of northern dam near the Manager’s Residence (1980s), or the hedgerows along the northern driveway (Cupressus sp.) may be removed and replanted with appropriate species that are sympathetic to the colonial planting character. In areas that are significant for their landscape value apart from the plantings, consideration should be given to replanting with other species that complement the colonial design intent of the grounds. As the grounds are selectively overplanted, a strategy to have fewer plantings is encouraged to reinstate significant views and vistas and to create a generally more open landscape setting. Policy 43. Intrusive plantings hedges and fences throughout Fernhill Estate should be considered for removal or part removal to improve the integrity of the grounds. This may reinstate significant views and vistas and create a more open landscape setting within the original design intent for the landscape. An overall proposal for removal of planting should be prepared for approval prior to any such works taking place. Policy 44. There are no colonial garden beds remaining on the site however existing garden beds may be replanted with colonial plantings, whilst having regard to the intent of the original structure and layout of the house garden (Landscape Area 1). Policy 45. Intensification of plantings and further garden beds around the house are not encouraged and if changes to the gardens are proposed they should have regard to the statement of heritage significance for the place. Policy 46. Undertake termite treatment of affected trees around the house and if required remove trees that present a danger to the house either through termite activity or proximity. Policy 47. The Sorensen garden elements and later modifications may be retained, modified, or removed where other more important aspects of the significance of the site have the ability to be recovered. If changes to the landscape are proposed they need to be carefully considered so that the landscape setting of the house is not compromised. Policy 48. If landscape works are proposed around the house, obtain specialised landscape advice from an experienced heritage landscape consultant. Policy 49. Ongoing and longer-term maintenance works are required, this will include inspections and repairs (where required), routine mowing and gardening and pruning and repairs to garden elements such as pergolas, stairs, pavements, retaining walls, balustrades and the water reservoir structure (west of house).

Managing the Cultural Landscape setting of Fernhill Precinct 1 – The House Garden Policy 50. The house garden should be retained as a garden setting with expansive lawns around the house that assert the dominant built form of the house and its careful siting. Policy 51. Some elements of the garden setting may be altered or changed in the future provided that the significant aspects of the setting are retained. Desirable changes to the setting could include: • Opening up the garden to recover aspect and outlook to and from the house • Consideration of opening up areas of solid fencing around the edge of the garden to allow views back to the house from the entry drive • Consideration of adjusting levels within the garden to recover aspects of the earlier landform • Consideration of removing the tea house and bridge structures on the island as they are out of character with both the colonial and Sorensen landscapes.

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• Consideration of thinning areas of the planted landscape where there is overplanting. • Consideration of removing some of the planting introduced from the late 20th century that has modified the colonial character. Policy 52. Key considerations in managing this area in the future include: • Consideration of some rationalisation of garden elements where they are of low or no significance • General maintenance of pergolas, built items and garden features to maintain them in sound condition • Consideration of the removal of the swimming pool and reinstatement of the grassed bank to the south. • Requirements for equitable access around the house and into the house should any public use be proposed • The poor condition of the concrete balustrading to the terrace and the need to replace it if it retained and the implementation of an appropriate design. • Maintenance of paths to remove trip hazards and the like and to provide safe access, consider rationalising or removing some paths of low or no significance where not required. • Retain all of the early ornamental plantings and provide a replanting strategy with matching or appropriate colonial era species • Reinstatement of significant cultural plantings such as Bunya Bunya pines.

Precinct 2 – North and North-west of the House Garden Policy 53. This precinct is visually subservient and screened from Fernhill. The overall rural character reflects 20th century farm practices of intensive for farm use. There is a capacity for this zone to maintain sympathetic rural practices to the overall site. The area to the west that contains the remains of the former out buildings offers potential for new elements to be discretely added. Policy 54. Key considerations in managing this area in the future include: • The open lawn area with tree plantings to the west should be generally retained as a screen to the service areas beyond, noting that the area is not of particular significance in its own right. • The need to conserve the former winery building, and either stabilise it or possibly adapt it and provide a suitable setting for it. • The potential to use the horse paddocks or other equestrian uses. • Note is made of the limits on built form and vegetation within the power line easement. • Limits from the current uses for sewerage treatment etc. Policy 55. Overall this precinct is to be managed as a cultivated landscape and pasture to provide a setting around the buildings and as a service zone.

Precinct 3 – South of the Southern Driveway Policy 56. This area comprises paddocks and regrowth along the creek alignment and along the western part of the entry drive. The area is to be retained as paddocks separated from the driveway by the existing serpentine stone wall. Policy 57. Areas of regrowth designated BioBanking and will be managed for that purpose.

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Policy 58. The edge between paddocks and regrowth or BioBanking areas needs to be carefully located and fenced to maintain the present cultivated form of the rural character of the property. Policy 59. Edge fencing types must relate to the rural character of the property and are to follow existing established paddock edges. Policy 60. Access to the creek and dams is required as part of the use of the paddocks for farm activity and BioBanking must be adjusted to ensure that access to water is available. Policy 61. If any new structures within this precinct are to be considered (should they be required) an overall strategy for the whole of the site is to be undertaken in relation to the need of any built form in this precinct. Other precincts with existing built form are to be considered prior to any consideration of built form in this precinct. The driveway is maintained within a rural setting.

Precinct 4 – East of the House Policy 62. This precinct is a central portion of the rural setting of Fernhill. It retains its open pastoral form with the colonial features of the reflecting pond and stone bridges as well as the later additions of the race/practice track, various dams, and the stables complex. While the character has evolved over time it retains the key rural setting for the house’s eastern prospect. Policy 63. The racetrack is closely linked to the stables complex and to the equestrian activities on site. If retained the race track is to be managed to allow its ongoing use, maintained in good condition and so as to reduce its visual impact within the broad landscape. Works such as painting railings neutral colours and maintaining the generally low-key character of the track and its fencing are to be undertaken on a as needs basis. Policy 64. Key considerations in managing this area in the future include: • Retaining the area as an open landscape without additional buildings or structures. • Managing the paddock areas to retain their rural use • Managing fences to prevent further visual sub-division of the landscape • Managing modifications to the stables area to minimise any visual impacts from potential new development or expansion. • Managing the dams and plantings to reinstate an open form to the landscape with small clumps of trees rather than broad bands of trees to allude to the “Picturesque” of scattered trees in a pastoral setting. • Managing uses so that they do not impact on the rural character. • Conserving the tree lined entry drives with a staged maintenance and re-planting program. • Fence off and protect regenerating Eucalypt and Angophora trees from stock grazing or other impacts.

Precinct 5 – North of House and Northern Driveway Policy 65. This area comprises paddocks, an orchard, dams and areas of revegetation. It also contains the hayshed. The topography generally falls away from the central area and the open grasslands provide part of the edge visual setting to the central precinct. Policy 66. Key considerations in managing this area in the future include: • Retaining the open pastoral form of the landscape, particularly when viewed from the entry driveway and the prospect from the house. • Retaining the driveway in its present rural drive character. • Managing the pecan grove and potentially other similar uses in that general vicinity

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• Managing the dam, its edges and spillway. • If any proposed built form is considered it is to be modest in scale and carefully assessed in relation to the existing setting and out of vistas and views from the entry driveway. • Adding farm buildings that may be required to service the farm activities that may take place. • A new but secondary site entry could be located in this area if required.

Precinct 6 – Western Hill area behind the House Policy 67. The area should be managed for natural values with some potential to add minor development onto the western edge of the area.

Precinct 7 – Eastern Portion of the Estate Policy 68. This is the small remnant section of the estate separated by the diversion of Mulgoa Road, it should be managed for its natural values. It is also subject to BioBanking agreements.

Precincts 8, 9 and 10 – The Extended Estate Policy 69. The extended estate has local heritage listing on the northern and southern sections and is not heritage listed in the western area. Areas across the whole estate are subject to both LEP environmental zoning overlays and BioBanking agreements that limit use, development and pastoral activities. Policy 70. Key considerations in managing these areas in the future include: • The northern precinct is sub-divided into residential lots each with a small area of land on each lot, under LEP 2010, that can accommodate a dwelling (subject to consent). Ideally, this land should be retained with Fernhill and not developed for housing, however, if the lots were to be sold they would be subject to the LEP provisions, which include heritage listing. Most of this land cannot be used as part of the rural use of Fernhill due to the LEP environmental zoning overlays and BioBanking Agreements. • The western land that is not subject to environmental protection is capable of development under Penrith LEP 2010. Assessment considerations including the relationship to the State heritage listed Fairlight need to be considered. This land cannot be easily be used as part of the rural uses of Fernhill due to the LEP environmental zoning overlays. • The South-eastern land is also capable of some form of development in addition to rural uses. The scale of development, its siting, its relationship to Mulgoa township and Mulgoa Road and potential views across the land would need to be considered in proposing development other than rural uses. There are also two residences in this area that can be retained or adaptively re-used as required.

Views and Vistas Policy 71. There is some opportunity for reinstating views within the property and vistas from Fernhill Estate to its picturesque landscape including the Mulgoa Valley and St Thomas’ Church however revegetation on Fernhill and adjacent properties and changes to the landscape of Fernhill are likely to make the recovery of historic views difficult to achieve. As much of the regrowth vegetation is also ‘significant’ and forms part of the present character of Fernhill that is now protected by zoning and BioBanking agreements, it is not considered appropriate or possible to remove large areas of vegetation in protected areas to reinstate view corridors. However, selected vegetation removal should be considered across the Estate to recover former significant views. The most obvious location to recover aspects of the open estate are in the central precinct where removal of planting around the central dams and recovering more of the park-like tree planting could be

JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 224 Fernhill Estate 8.0 Conservation Policies and Guidelines achieved. There is also the possibility to recover the view to St Thomas Church steeple from the curve in the driveway. Policy 72. There may be some opportunities to reinstate lost significant views and vistas in future works in other areas. For example, trees and hedges planted in the 1980s north and east of the house could be considered for removal or part removal, or not replaced at the end of their natural life. Policy 73. The landscape should be managed in the future to ensure that further views and vistas are not impacted by regrowth or ill-considered changes to the property. Policy 74. The reflecting pond along the southern driveway, which is an original design element, should be retained and conserved, and views from this pond to the house should be reinstated as much as possible. This may include removal of some trees and the understorey regrowth between the pond and the house and the pond and the two stone bridges, which is in- keeping with the original landscape design intent for the property, and replacement of the fence and extended retaining wall around the pond with less intrusive elements. Policy 75. Areas of revegetation on the Fernhill Estate, such as along the alignment of Mulgoa Road (in LA3, LA4 and LA5), along Littlefields Creek (in LA3) and on the eastern side of Mulgoa Road (LA7), should not be cleared to reinstate historic views and vistas to and from Fernhill. These areas provide a natural view buffer for the property when viewing the grounds from the house, and they include species that form the critically endangered Cumberland Plain Woodland ecological community. Policy 76. The early drive alignment that extended across Mulgoa Road linking the Cottage and Fernhill, which remains in remnant form but is now unused, should be interpreted by management of the immediate landscape setting along the edge of Mulgoa Road, by maintaining the former road area as open grassland and by maintaining the flanking remaining trees.

8.2.4 Managing the Built Environment The following policies are aimed at managing components of the built environment at Fernhill Estate, including original buildings house and stables, other buildings, walls, fences, bridges, drains, quarries, driveways, services and infrastructure, and guidance for new buildings and development, subdivision and bushfire management. House and Stables Policy 77. The exterior built form, remaining original room configurations and remaining original fabric of the house and stables should be retained and conserved. This includes original fabric, such as window and door joinery and form, internal and external window shutters, chimneypieces, wall niches, decorative architraves and cornices, roof and ceiling timber beams and remnant timber shingles, sandstone walls, stone staircases to the basement and sandstone columns on southern verandah. Policy 78. Alterations and additions within the house and stables should be limited to rooms or components of little significance, or that are intrusive. Any proposed changes within these buildings or to the exterior façade should be assessed by a suitably qualified heritage consultant. Policy 79. Elements of exceptional and high significance should be retained and conserved. Changes in these areas should not impact on significant fabric or original room configurations. Where known forms of original rooms are recoverable, changes may be made to recover that form. Policy 80. Fire safety equipment should be installed and maintained on a regular basis throughout appropriate locations in the house and stables. Locations for fixings of equipment should be determined in conjunction with a heritage architect. Policy 81. Deteriorating components of the house and stables should be repaired rather than replaced. If replacement is necessary, the works should be based on existing or historical evidence rather than conjecture, and the works should be sympathetic to the fabric and values of the existing buildings. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 225 Fernhill Estate 8.0 Conservation Policies and Guidelines

Policy 82. The remnant original sandstone flagging in the stables (northern end) and the house (B01, B09, B10, B12, G01, G02, G05, G13, G26, G36, G37 and G38) should not be replaced. Repairs should be undertaken in-situ and replacement of individual stones should only be undertaken as a last resort if they pose a safety hazard and cannot be suitably repaired. Policy 83. Unpainted timber joinery in the house (1842) and stables (1839) should not be painted. This is inclusive of skirtings and window and door joinery. Policy 84. Cleaning of all sandstone walls, stairs, paving and walls should not be undertaken with a high-pressure hose, to avoid damage to the historic fabric. Cleaning should only be undertaken with a stiff brush.

Stables Policy 85. Unsympathetic repairs to the stables, such as the use of cement mortar, should be removed and replaced if possible, with a lime-based mortar that will allow the building to breathe, and to avoid further deterioration of the original sandstone walls. This should only be undertaken where it can be demonstrated that it will not damage the stone. Policy 86. Changes are allowable to the accommodation spaces within the southern end of the stables, which are later alterations and additions. Changes to the stables should be assessed by a qualified heritage consultant to further determine the extent of original internal fabric and elements (e.g. windows, room configuration), depending on the nature and extent of the proposed changes. Policy 87. Retention of the slate is not required in the long-term if a suitable replacement roofing material can be sourced that compliments the built form and that does not adversely impact on the place’s overall heritage significance. Whilst the existing roofing materials are in place they should be maintained and conserved to ensure the building is secure and water-proof. Policy 88. The pump at the base of the northern elevation externally should be considered for removal, along with the vegetation directly adjacent to the sandstone wall, to avoid the potential for water damage to the sandstone wall.

House Policy 89. Water damp issues in the basement should be investigated within six months from the final date of this report. This includes investigations in known areas of salt attack and spalling of sandstone (B01, B02, B03, B09, B10, B11 and B12 – basement rooms), as well as investigations in other basement rooms where the timber panelling may conceal potential water damage. The condition of the ceiling in B09 (basement room) is not known, but it should be investigated at the same time and on an annual basis. Following conservation works these areas should be monitored on a regular basis to ensure the issues have been remediated, and the long-term conservation of original sandstone walls, floors and ceilings. Policy 90. Bricked up vents in B10 (basement room) should be investigated to ensure they allow adequate ventilation to the basement, and urgent conservation works undertaken if required. The intrusive services in B10, B11 and B12 (basement rooms) should be investigated and works undertaken to ensure the long-term conservation of all areas of original sandstone. Other vents in the basement should be cleared of debris on a regular basis to ensure adequate ventilation. Policy 91. Alterations and additions to the house in the 1960s and 1980s have reduced the integrity of the house and significance of the internal room layout and original fabric in several areas. If changes are proposed in these areas of the house in the future, consideration should be given to reinstating or improving the readability of the original room layouts, where feasible. This includes the master bedroom (G12), bathroom and hallway (G24 and G25), bedroom, bathroom and walk-in-robe (G21, G22 and G23), two small bedrooms and hallway (G26, G27 and G28), and the bedroom, bathroom and toilet (G31, G32 and G33).

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Policy 92. Reinstatement of the porte-cochere may be considered if a formal entry to the eastern elevation of the house is re-established. Factors for and against reinstatement of the porte- cochere should be considered and are discussed under Section 6.2. Policy 93. Various finishes in the house should be maintained, however some are not original and not essential to reinstate, such as the 1980s fabric (G03, G04, G06, G12 and G16) on the interior walls. Policy 94. The sandstone floor should not be replaced in B09 or B10 as it has in B02 – repairs should be undertaken in-situ and sandstone flagging should only be replaced as a last resort if it poses a safety hazard and cannot be suitably repaired.

Other Buildings Policy 95. Maintenance works to the house, stables and winery ruin should be a priority over maintenance works to other buildings on the property of moderate or little heritage significance.

Winery ruin Policy 96. A specific conservation and use plan should be developed for the winery ruin. Unless solid evidence as to the buildings original form can be uncovered, the building should be maintained in its ‘ruin’ state.

Drains Policy 97. The box drain to the south of the stables should be cleaned and maintained. The stone dish drain in front of the stables should be maintained.

Walls, Fences, Bridges and Quarries Policy 98. Built elements throughout Fernhill Estate of exceptional, high or moderate significance should be retained and conserved. This includes the early stone wall with distinctive banding of large and small coursed sandstone rubble with a peak top course that may be contemporary with the house. When undertaking maintenance works to this wall, investigations into the construction methods may provide further details regarding its construction method and date. Policy 99. The two stone bridges should be retained and conserved as historic design elements that contribute to the picturesque landscape. The regrowth around these bridges should be removed or thinned to recover their historic setting and views to the driveway and the house.

Access and Driveways Policy 100. The main entry (south) and associated driveway should be retained in its current location (noting that it has been relocated as part of the road upgrade works for Warragamba Dam) and be retained as a rural entry. If access for heavier vehicles or a greater number of vehicles is required consideration should be given to a new entry and driveway possibly with associated parking on neighbouring lands outside the heritage curtilage. Policy 101. The service entry (north) and driveway should also be retained generally in its current form. Policy 102. If increased traffic movement is required onto the site, an additional entry could be constructed provided it does not conflict with the current entry points, does not remove the current entry points as the main entry for the day to day functioning of the property and it does not adversely visually affect the property setting. If a new entry is proposed it should only be used in relation to uses that require controlled traffic flow and should be part of a broad site masterplan that responds to the heritage values of the site. JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 227 Fernhill Estate 8.0 Conservation Policies and Guidelines

Policy 103. Maintain the un-used section of the original main entry extending from Mulgoa Road as a former road. Retain the remaining flanking gums and prevent planting on the roadway or fencing crossing the road alignment. Undertake an analysis of width, surface material and other aspects. Policy 104. Driveways should retain their rural low-key character and should not be upgraded but should be repaired and maintained.

Services and Infrastructure Policy 105. Any proposed new services or infrastructure or upgrading of existing services or infrastructure should be assessed by a suitably qualified heritage consultant, so as not to adversely impact on the heritage significance of Fernhill Estate. This includes the installation of cabling conduits and the like. Policy 106. Should other services or infrastructure be required on the property, it should be located away from the house and preferably not within Landscape Area 4, so as not to impact on the setting of the house or house garden and significant views and vistas. Policy 107. Undertake maintenance on a regular basis to the existing septic tank system or any replacement system.

New Buildings or Development Policy 108. If new buildings and structures are required at Fernhill to facilitate new or existing uses, consideration should first be given to the adaptive reuse of existing elements. This does not preclude new buildings or elements being added to the site but ensures that the existing building stock is well-used prior to additional buildings being constructed. Policy 109. A key to the consideration of any new elements on the estate is their location and siting. It is important that new elements are not considered in isolation or without the context of a masterplan for the site. A masterplan process allows broad consideration of potential impacts across the site and can guide decision making to achieve appropriate and best fit and location for any new elements. Policy 110. Any new buildings and structures require approval under the Heritage Act and Environmental Planning and Assessment Act. Construction of future dwellings within any part of Fernhill Estate also needs to satisfy construction requirements of ‘Australian Standard AS3959 - Construction of buildings in bushfire-prone areas’ Policy 111. Considerations in planning for new buildings or structures, apart from the design and siting of the building itself, are the impacts of servicing and access requirements, storage, garbage, roads and parking and changes required to the landform or setting to accommodate the building. Policy 112. New buildings or structures should not be proposed within Landscape Area 4 between the house and Mulgoa Road (defined by the two entry roads) with the exception of some potential to extend the current stables complex. Policy 113. Similarly, new buildings should not be located within the garden areas immediately around the house within the garden setting and view lines from the house. There however remains some potential for new development in the area around the former tennis court area for support buildings. Policy 114. Proposals for new buildings should be developed around fitting development into the rural character of the site through use of appropriately scaled and detailed buildings that extend the character of the site. Policy 115. Where new buildings are proposed they should be planned to remove potential impacts from existing significant buildings by locating service areas, for example, in the new structures rather than existing heritage buildings.

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Policy 116. Proposals for new buildings should be assessed by suitably qualified heritage (and other appropriate) consultants. Policy 117. If disabled access is required at Fernhill, an evaluation of the heritage impact should be undertaken and heritage sensitive alternatives should be considered. Policy 118. A co-ordinated approach to the provision of signs is required on the site. Signs may be required for information, marking entry points, directing movement or in some cases interpretation. All signage should be part of a designed signage strategy for the site that will require consent from Penrith Council. A unified design approach is required that seeks to keep signage discrete, minimal in number, carefully located to avoid impacting sightlines and consistent with the overall visual values of the site. Policy 119. Any proposals for lighting around the site, in relation to new uses or general lighting for current activities, should be designed to minimise any visual impacts on the landscape from the provision of the light fittings or standards and from the potential impact of the lighting at night. Lighting should be discrete, provided for safety and ease of movement around the site, such as on stairs and pathways and should not light external areas with broad lighting systems. Generally, site lighting should not be visible at night (that is the light sources should not be visible within the landscape), should be designed to light ground surfaces rather than landscape elements and the buildings should be seen with their internal and verandah lighting within a darkened general setting. Any proposals for highlight lighting of buildings or site features should be subject to detailed design and approval. Temporary lighting for special uses or events should only be used for the specific use. Any and all new lighting design, especially around the perimeter and entry(s), needs to consider and satisfactorily address any effect on Mulgoa Road, Mulgoa Village and the wider landscape.

Subdivision and Potential Development on Peripheral Lands Policy 120. The current area is a listed item in its own right and should not be further subdivided and consideration should be given to consolidating this area into one allotment.

8.2.5 Bushfire Management Policy 121. Fire hazard reduction works should be undertaken at Fernhill annually to comply with the Rural Fires and Environmental Assessment Legislation Amendment Act 2002. A specialist consultant should be engaged to develop a Bushfire Management Plan for the whole site including the areas set aside for Bio banking within the provisions of those agreements. Policy 122. The fire trail through Landscape Area 6 should be maintained to provide access for fire fighters.

8.2.6 Managing the Archaeological Resources and Aboriginal Heritage The following policies are aimed at managing the historical and Aboriginal archaeological resource and Aboriginal cultural heritage at Fernhill Estate. If proposing to undertake works at Fernhill, which involve excavation or that may impact upon surface artefact sites, the following process is recommended to assess the archaeological impact of the works: Policy 123. While areas of the site have been assessed as having low archaeological potential related to historical archaeology, care should be taken when working around early site features as there always remains the possibility of archaeology remaining in situ. Policy 124. Known or potential historical or Aboriginal archaeological sites should be avoided when undertaking works.

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Policy 125. If there is a likelihood that historical relics will be disturbed, a suitably qualified and experienced historical archaeologist should be consulted to assess the potential impact and requirement for approvals or exemptions under the Heritage Act. If the existence of relics can be established by visibility or historical documents or findings in an archaeological assessment an approval under the Heritage Act will be required if works impact them. Policy 126. If works are unlikely to disturb any areas of historical archaeological potential, then notification is not required to the Heritage Division of the Office of Environment and Heritage; however should any historical relics be discovered during works in areas unlikely to contain relics, work must cease and archaeologists at the Heritage Division of the Office of Environment and Heritage must be notified, and/or the services of a suitably qualified historical archaeologist to assess the nature and significance of the relics. An exemption or permit may be required under Section 60 of the Heritage Act. Policy 127. Permits may be required under Section 90 of the National Parks and Wildlife Act for the disturbance of known or discovered Aboriginal archaeological sites or objects. Policy 128. If Aboriginal archaeological sites or objects are discovered, works must cease and the National Parks and Wildlife Service must be informed under Section 91 of the Act. Policy 129. The significance of the open artefact scatter on the eastern side of Mulgoa Road (Landscape Area 7) is unknown. Prior to works being undertaken in this area, it is recommended to investigate the nature and significance of this known Aboriginal site through liaison with the National Parks and Wildlife Service. Policy 130. The partly exposed potentially early stone drain running along the northern edge of the southern driveway may require further investigation if undertaking future works to the driveway. Policy 131. The property owner must ensure that all staff and contractors working at the Estate understand what known or potential Aboriginal and historical archaeological objects, remains and places are on the site, what the process is when undertaking works that may impact upon known or potential archaeological remains, and what to do when Aboriginal and historical archaeological objects, remains and places are discovered during works.

8.2.7 Managing Use The following policies are aimed at managing the property’s existing rural uses, whilst considering potential future uses. Policy 132. Current and future uses should not adversely impact on the heritage significance of Fernhill Estate or its significant component parts. Only uses that have no, minimal or acceptable impacts on heritage values should be permitted on the property. Policy 133. A key component of the future viability of the property is the selection of uses that can sustain the place, culturally, in terms of its heritage value, and financially. Proposals for new uses should be assessed by suitably qualified heritage consultants to assess the impacts on the place’s overall heritage significance and significant fabric as an initial part of any proposal. Policy 134. When considering new uses, it is important to assess the range of uses that may be proposed, the intensity of use, the scale of any use, the ability of the landscape and property to accommodate the use in physical terms and the ability of the site to recover from some uses. Planning issues that may relate to some of the uses, the infrastructure that may be required for a use and whether it is temporary or permanent, also need to be assessed. Policy 135. Any proposal for a new use on the property must be accompanied by a detailed outline and assessment of the use and a detailed heritage impact assessment. Policy 136. New uses that are outside the present rural uses of the Estate must facilitate the conservation of the place. It is noted that any new use is likely to require consent under Penrith LEP 2010 and if the use is not a complying use under clause 5.10.10 of the LEP.

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Policy 137. Prior to consideration of removal of any built elements, such as stone walls, timber fencing or dams, consideration should be given as to the ongoing viability of Fernhill Estate for pastoral and other uses so that such actions do not prevent pastoral uses to continue.

Rural Uses Policy 138. Maintaining a range of rural uses on the site is a key element in maintaining the historic character and use patterns of the Estate. Once existing paddocks and infrastructure have been assessed new rural elements as required to maintain the Estate should be contained within the remaining existing paddock and infrastructure. Policy 139. Fernhill Estate has had historical uses for keeping deer, other game animals, and birds in a pleasure garden, other farm animals such as horses and cattle grazing and the chicken hatchery. Parts of the estate have been used for cropping and market gardening, orchards, vineyard and a range of other rural uses. These uses are appropriate for a rural property. Policy 140. Rural uses should not be compromised by the addition of other uses to the site. Policy 141. Whilst it may be possible to remove or partly remove endangered ecological communities within cleared area of Fernhill Estate this is not desirable and should be only considered as a last resort. An ecological and or heritage assessment is likely to be required prior to the removal of any vegetation.

Equestrian Uses Policy 142. It may be possible to expand the equestrian infrastructure on the site in carefully selected locations to provide additional facilities and to undertake an equestrian program without adversely impacting on heritage values. These could take place: • Around the current stables complex if it were decided to retain it and there may be some potential to expand the facility. • Around the race track if it were decided to retain it, but without any new permanent elements or structures. • In the area immediately west of the original stables and great hall buildings where there are paddocks and loose boxes. • Around the area of the burnt-out service and aviary buildings. • In parts of the southern paddocks near Littlefields Creek.

Event Uses Policy 143. If event uses are proposed for the estate, key considerations in determining whether the number and the nature of events is appropriate should include: • The potential for physical impact on the place. • The potential for any cumulative impacts that may arise. • The number of events that may take place across a year. • The ability of the infrastructure of the estate to accommodate the use. • The impacts of any new infrastructure or construction that may be required for the events. • The potential impacts on the amenity of the locality. Policy 144. Uses that involve public access to the site, ideally in a range of ways, should be integrated into future proposals.

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Ancillary or Support Uses Policy 145. The Fernhill site is expansive and can accommodate a select range of support uses that can operate in their own right and in relation to other uses. Support uses should be integrated into the site in locations that are outside the core heritage areas and which would have little or no impact on the character and heritage values of the place. Policy 146. In determining the suitability of infrastructure for support activities a masterplan needs to be developed to identify the extent of facilities that could be accommodated without heritage impact, preferred locations for any new development and consideration of how this would be serviced and accessed. The over-riding consideration in placing any support activity on the site should be whether it fits comfortably into the rural character of the site and whether or not it can be provided without any noticeable visual or amenity impact. Policy 147. Support activities should be ancillary to the main uses of the Estate; that is, they must not dominate the use or management of the estate but rather facilitate other uses and remove pressure from heritage features of the place. Policy 148. Short-term accommodation could be provided in a number of locations around the site that could support other uses and provide an income stream. Accommodation could take a range of forms from provision for camping, self-contained accommodation, guesthouse accommodation or bunkhouse accommodation. Policy 149. Considerations related to providing accommodation include: • The form of accommodation to be provided in terms of standard of accommodation and the range of accommodation types that may be needed • The scale of accommodation required to satisfy the particular need. For example, it would be useful to be able to accommodate a typical school class to allow for educational use, or the ability to accommodate an equestrian team. If accommodation is for more than a night or two, there will need to be additional facilities such as lounge and possibly dining areas. • The ability of an area to accommodate the use particularly in terms of service requirements such as provision of sewer, parking and access needs, the need for other related spaces to accommodation rooms • If camping or ‘glamping’ is developed as a use, the impact of camping on the area designated for the use and the methods of site recovery. • Any impacts on the landscape from drainage, use, construction, etc. BioBanking Policy 150. Fernhill has extensive areas of natural vegetation that have a conservation value in their own right. There are opportunities for activities such as BioBanking and improving the quality of the natural environment. Policy 151. There should be a careful balance between natural and cultural heritage values at Fernhill with clear limits established to limit areas of natural vegetation so that they do not adversely impact on the core important cultural heritage values of the place. At present the constraints on natural vegetation are the environmental zonings across a large part of the estate that precludes any development or removal of significant vegetation and the recently gazetted BioBanking areas of the site. Areas that are not subject to environmental protection or BioBanking agreements should generally be kept as open pasture land. Policy 152. Areas subject to BioBanking are to be maintained in accordance with the BioBanking agreements that may be established.

Use of the House and Core Buildings Policy 153. The main house should have some public access, irrespective of its future use.

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Policy 154. Public access to the house should be managed in accordance with guidelines such as those established by English Heritage for the management of events and access to English Heritage properties. Policy 155. The immediate gardens and lawns around the house and other buildings can accommodate public access and small event use provided it does not impact on the house. Policy 156. The provision of services such as toilets and shelter structures should be limited to the service areas of the grounds. If temporary structures are required, they should be limited to the levelled lawns to the north and south of the house. Policy 157. Consideration should be given to using existing non-significant structures for adaptation for service use and new structures should only be added, or existing non-significant structures replaced, if existing elements cannot be re-used. Policy 158. An important issue in developing uses around the house precinct is to ensure that other uses do not overwhelm the appreciation of the house as a domestic residence.

Support Base for Fernhill Policy 159. If new public uses are developed there would be benefit in establishing strong links into the local and broader community through a support network that could be similar to a ‘Friends of’ or a ‘Foundation’. It is recommended that such a group be investigated as part of any future proposals for the place to ensure that there is ongoing public access and involvement in the estate.

8.2.8 Interpretation There are opportunities to interpret the diverse values of Fernhill Estate to the public through planned interpretation. This interpretation should be widened beyond the current estate itself to include wider relationships such as that with St Thomas Church and Cox’s Cottage. Policy 160. The interpretation of Fernhill should be undertaken in conjunction with the various uses that are developed for the site where specific aspects of the property can be explored. As many of the possible uses for the property relate to its history there are good opportunities to interpret aspects of the past along with the current uses. Policy 161. There are numerous ways in which interpretation can take place. Fernhill is a large and complex site. Signage should be designed as a comprehensive package that is not intrusive and is not positioned in such a way as to block views of significant fabric or vistas. Other options for interpretation include: • A short history of the site with a walking route around parts of the site explaining the features of the place that are accessible could be available for open days and some events. • An App could be developed that is available to visitors of the estate that provides information on the estate as they move around it and in relation to specific events. • Education programs for local schools can be undertaken that deal with both cultural and natural history of the site. This has the advantage of linking schools to the site for a range of cultural experiences. • Publishing the history (or an edited version of it) as contained in the CMP of the estate and the area. • Holding specific events related to the history of the property and areas particularly in relation to a Friends or similar group.

8.2.9 Further Research and Investigations The following policies are in relation to opportunities for further research.

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Policy 162. Investigations should be undertaken into the former winery ruins, located west of the house and paddocks, to understand more about its use and potential construction date. No building materials or any potential historic remains should be removed from this site, to aid future investigations. Policy 163. Investigations should be undertaken in the roof space of Fernhill house to obtain further details about original room configuration, the intent for constructing the house with a second floor, and original and later roofing materials. Policy 164. Archival records that relate to Fernhill should be securely stored and maintained on the property, including a copy of this and future conservation management plans. This should include a schedule of maintenance and conservation works undertaken each year, along with any investigations or further research, so as to aid in the updating of this CMP in the future. Policy 165. Investigations into the connections at Fernhill with the wider area outside the subject site such as St Thomas Church, Cox’s Cottage, the Vineyard, Winbourne and the old section of Mulgoa Road should be further investigated to establish an understanding of the subject site within its wider physical setting and historical context.

8.2.10 Additional Lands Policy 166. A landscape architect with heritage experience should be engaged to inspect the additional lands and to determine their environmental heritage significance and identify any plantings of significant age or merit. Policy 167. A landscape management plan should be developed including regular maintenance requirements. Policy 168. The additional lands should be incorporated into the existing Fernhill curtilage and included in the State Heritage Register listing. Policy 169. The house located on the property at 1147-1175 Mulgoa Road could be demolished with the appropriate approvals. Policy 170. The house located on the property at 1119-1145 Mulgoa Road could be demolished with the appropriate approvals or, it could be retained for use as a manager’s residence or similar.

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9.0 Implementing the Plan 9.1 Policy Implementation The Australian ICOMOS Burra Charter 1999 outlines conservation processes relevant to items of identified cultural significance. It is essential that the Burra Charter be applied to every aspect of the conservation processes relating to the item. The conservation processes applicable to various levels of significance and fabric and spaces are listed in Articles 14-23 as follows: Article 14. Conservation processes Conservation may, according to circumstance, include the processes of: retention or reintroduction of a use; retention of associations and meanings; maintenance, preservation, restoration, reconstruction, adaptation and interpretation; and will commonly include a combination of more than one of these. Conservation may also include retention of the contribution that related places and related objects make to the cultural significance of a place. Article 15. Change 15.1 Change may be necessary to retain cultural significance, but is undesirable where it reduces cultural significance. The amount of change to a place and its use should be guided by the cultural significance of the place and its appropriate interpretation. 15.2 Changes which reduce cultural significance should be reversible, and be reversed when circumstances permit. 15.3 Demolition of significant fabric of a place is generally not acceptable. However, in some cases minor demolition may be appropriate as part of conservation. Removed significant fabric should be reinstated when circumstances permit. 15.4 The contributions of all aspects of cultural significance of a place should be respected. If a place includes fabric, uses, associations or meanings of different periods, or different aspects of cultural significance, emphasising or interpreting one period or aspect at the expense of another can only be justified when what is left out, removed or diminished is of slight cultural significance and that which is emphasised or interpreted is of much greater cultural significance. Article 16. Maintenance Maintenance is fundamental to conservation. Maintenance should be undertaken where fabric is of cultural significance and its maintenance is necessary to retain that cultural significance. Article 17. Preservation Preservation is appropriate where the existing fabric or its condition constitutes evidence of cultural significance, or where insufficient evidence is available to allow other conservation processes to be carried out. Article 18. Restoration and reconstruction Restoration and reconstruction should reveal culturally significant aspects of the place. Article 19. Restoration Restoration is appropriate only if there is sufficient evidence of an earlier state of the fabric. Article 20. Reconstruction 20.1 Reconstruction is appropriate only where a place is incomplete through damage or alteration, and only where there is sufficient evidence to reproduce an earlier state of the fabric. In some cases, reconstruction may also be appropriate as part of a use or practice that retains the cultural significance of the place. 20.2 Reconstruction should be identifiable on close inspection or through additional interpretation. Article 21. Adaptation

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21.1 Adaptation is acceptable only where the adaptation has minimal impact on the cultural significance of the place. 21.2 Adaptation should involve minimal change to significant fabric, achieved only after considering alternatives. Article 22. New work 22.1 New work such as additions or other changes to the place may be acceptable where it respects and does not distort or obscure the cultural significance of the place, or detract from its interpretation and appreciation. 22.2 New work should be readily identifiable as such, but must respect and have minimal impact on the cultural significance of the place. Article 23. Retaining or reintroducing use 23.1 Retaining, modifying or reintroducing a significant use may be appropriate and preferred forms of conservation.

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10.0 References 10.1 Heritage advice Australia ICOMOS Inc. The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance 1999. Burwood Victoria 2000. Australian Government. Environment Protection and Biodiversity Conservation Act. 1999. Heritage Office. Department of Urban Affairs and Planning. Heritage Curtilages. 1996. NSW Heritage Office. Heritage Information Series – Minimum Standard of Maintenance and Repair. October 1999. Heritage Council of NSW. NSW Historical Themes. October 2001.

10.2 Unpublished sources Ecological Australia. Sustainability Assessment. 2008. Hanly, D., Robertson, L., Hodges, J. and Clinton, R. “Fernhill: A Measured Study.” Register of historic buildings: historic surveys, illustrated with measured drawings and photographs, ca. 1963- 1976. 914148. Mitchell Library. Hay, Christine, Morris, Colleen and Quoyle, James. AILA NSW Landscape Heritage Report. Office of the Environment and Heritage. 11 June 2018. Heritage Council Approval Committee. 4.2 Fernhill, Mulgoa – CMP and future management/development. 6 November 2002. Kinhill Stearns. Mulgoa Valley regional environmental study. 1983. Parramatta Park Trust. Heritage and Conservation Register, s170 Register. Paul Davies Pty Ltd. Fernhill Conservation Management Plan. 2005. Paul Davies Pty Ltd. Fernhill Conservation Management Plan. 2014. Penrith City Council. Development Control Plan. 2014. Penrith City Council. “Policy Review Committee.” Business Paper. 16 December 2002. Thorp, Wendy. Heritage Study of the City of Penrith: The Historical Archaeological Component. Fox & Associates. 1986.

10.3 Internet sources Australian Dictionary of Biography. http://adb.anu.edu.au/ Bonham’s. https://www.bonhams.com/ Design & Art Australia Online. https://www.daao.org.au/ NSW Office of the Environment and Heritage. http://www.environment.nsw.gov.au/ Dharug and Dharawal Resources. http://dharug.dalang.com.au/ National Trust UK. ‘Why was Lancelot ‘Capability’ Brown so important?’ https://www.nationaltrust.org.uk/

10.4 Newspapers and journals McDonald, J. ‘Workers for Australia: A Profile of British and Irish Migrants Assisted to New South Wales in 1841.’ Journal of the Australian Population Association. Vol. 15 No. 1. May 1998. Morris, Colleen, ‘The Diffusion of Useful Knowledge: John Claudius Loudon and his Influence in the Australian Colonies’, Garden History Vol. 32, No. 1, Spring 2004 JPA&D Australia Pty Ltd. Fernhill Conservation Management Plan page 237 Fernhill Estate 10.0 References

The Australian. Australian Financial Review. Australian Town and Country Journal. The Biz Camden News. The Farmer and Settler. Mudgee Guardian. Nepean Times. New South Wales Government Gazette. The Sun. Sydney Gazette and New South Wales Advertiser. Sydney Mail and New South Wales Advertiser. Sydney Morning Herald.

10.5 Books and manuscripts Aitken, R. and Looker, M. The Oxford Companion to Australian Gardens. Oxford: Oxford University Press in association with the Australian Garden History Society, 2002. Benson, Doug and Howell, Jocelyn. The Bushland of Sydney and Its Suburbs. Sydney: New South Publishing, 1990. Bowers, W.R. A Sketch of the History of the Parish of Mulgoa, Diocese of Sydney, N.S.W. Sydney: Watchman Paper Co, 1911. Broadbent, James. The Australian Colonial House: Architecture and Society in New South Wales, 1788-1842. Sydney: Hordern House, 1997. Thalis, Philip, Cantrill, Peter John, Mould, Peter et al. Public Sydney: Drawing on the City. Sydney: Historic Houses Trust NSW & Content, Faculty of Built Environment, UNSW, 2013. Clibborn, T.S. Catalogue of the Fernhill Stud. Sydney: W.M. Maclardy, Printer. 1885. Cox, Philip. The Australian Homestead, Melbourne: Lansdowne, 1972. Freame, W.H.G. “Mulgoa and the Cox Family”. Press Contributions. Gammage, Bill. The Biggest Estate on Earth, How Aborigines made Australia. Sydney: Allen and Unwin, 2011. Gapps, Stephen. The Sydney Wars: Conflict in the early colony 1788-1817. Sydney: New South Publishing, 2018. Gilpin, William. Essay on prints. London: A Strahan, 1802. Kerr, James Semple. The Conservation Plan: A Guide to the Preparation of Conservation Plans for Places of European Cultural Significance. National Trust, 2000. Mundy, Godfrey. Our Antipodes, or Residence and Rambles in the Australian Colonies, with a Glimpse of the Gold fields. London: R. Bentley 1885. Ratcliffe, Richard. Australia’s Master Gardener: Paul Sorensen and His Gardens. Kenthurst: Kangaroo Press, 1990. Roxburgh, Rachel. Early Colonial Houses of New South Wales. Sydney: Ure Smith, 1975. Tanner, Howard, and Begg, Jane. The great gardens of Australia. Melbourne: Macmillan Company of Australia, 1983.

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Watson, J.H. Mulgoa Past and Present. Australian Historical Society, 1917.

Archival material Allen, Arthur Wigram. Photographic Album. Vol. 36, pp.39-40 PX*D578. Mitchell Library. Assisted Migrants Shipping Lists. NSW State Records. Census of New South Wales. NSW State Records. Colonial Secretary’s Correspondence. NSW State Records. Commonwealth Electoral Roll. National Library of Australia. Cox family papers. State Library NSW. Hall’s Country Directory of New South Wales. State Library NSW. Land and Environment Court Decisions. Minutes of the Heritage Council Approval Committee. 6 November 2002. NSW Parliamentary Debates. Legislative Assembly 1890. New South Wales Registry of Births, Deaths and Marriages. Old System Deed Books. NSW Land Registry Services. Restrictions on the Use of Land by a Prescribed Authority. NSW Land Registry Services. Torrens Title Register. NSW Land Registry Services. Votes and Proceedings of the Legislative Council of New South Wales. Wills and probates. Society of Australian Genealogists.

10.6 Glossary Term Definition Source Adaptation Adaptation means modifying a place to suit the Australia ICOMOS 1999 existing use or a proposed use Associations Associations mean the special connections that Australia ICOMOS 1999 exist between people and a place Australia The national committee of the International Council Heritage Office and ICOMOS on Monuments and Sites Department of Urban Affairs & Planning 1996 Burra Charter Charter adopted by Australia ICOMOS, which Heritage Office and establishes the nationally accepted principles for Department of Urban Affairs the conservation of places of cultural significance & Planning 1996 Conservation Conservation means all the processes of looking Australia ICOMOS 1999 after a place so as to retain its cultural significance. Conservation is based on a respect for the existing fabric, use, associations and meanings. It requires a cautious approach of changing as much as necessary but as little as possible. Conservation A document explaining the significance of a heritage Heritage Office and Management item, including a heritage conservation area, and Department of Urban Affairs Plan proposing policies to retain that significance; it can & Planning 1996 include guidelines for additional development or maintenance of the place

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Conservation A proposal to conserve a heritage item arising out Heritage Office and policy of the opportunities and constraints presented by Department of Urban Affairs the statement of heritage significance and other & Planning 1996 considerations Cultural Cultural significance means aesthetic, historic, Australia ICOMOS 1999 significance scientific, social or spiritual value for past, present and future generations. It is embodied in the place itself, its fabric, setting, use, associations, meanings, records, and related places and objects. Places may have a range of values for different individuals or groups. Curtilage The geographical area that provides the physical Heritage Office and context for an item, and which contributes to its Department of Urban Affairs heritage significance; land title boundaries do not & Planning 1996 necessarily coincide Fabric Fabric means all the physical material of the place Australia ICOMOS 1999 including components, fixtures, contents and objects. Heritage item A landscape, place, building, structure, relic or other Heritage Office and work of heritage significance Department of Urban Affairs & Planning 1996 Heritage value Often used interchangeably with the term ‘heritage Heritage Office and significance’; there are four nature of significance Department of Urban Affairs values used in heritage assessments (historical, & Planning 1996 aesthetic, social and technical/research) and two comparative significance values (representative and rarity) Integrity A heritage item is said to have integrity if its Heritage Office and assessment and statement of significance is Department of Urban Affairs supported by sound research and analysis, and its & Planning 1996 fabric and curtilage and still largely intact Interim An order made under the Heritage Act by the Heritage Office 2007, Heritage Order Minister for Planning on the recommendation of the Interim Heritage Orders, (IHO) Heritage Council of NSW; the purpose is to provide . during which a full heritage assessment can be

completed; temporary in nature, the majority of IHOs are made in response to community representations or concerns raised by local government Interpretation Interpretation means all the ways of presenting the Australia ICOMOS 1999 cultural significance of a place. This may be a combination of the treatment of fabric, the use of and activities of the place, the use of introduced explanatory materials, and many other interpretive methods. Maintenance Maintenance means the continuous protective care Australia ICOMOS 1999 of the fabric and setting of a place, and is to be distinguished from repair

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Permanent An order made under the Heritage Act to protect a Heritage Office and Conservation significant heritage item in NSW; the order remains Department of Urban Affairs Order in place indefinitely unless revoked; PCOs were & Planning 1996 repealed in 1999 and replaced by Interim Heritage Orders Place Place means site, area, land, landscape, building or Australia ICOMOS 1999 other work, group of buildings or other works, and may include components, contents, spaces and views. Reconstruction Reconstruction means returning a place to a known Australia ICOMOS 1999 earlier state and is distinguished from restoration by the introduction of new material into the fabric Repair Repair involves restoration or reconstruction Australia ICOMOS 1999 Restoration Restoration means returning the existing fabric of a Australia ICOMOS 1999 place to a known earlier state by removing accretions or by reassembling existing components without the introduction of new material Setting Setting means the area around a place, which may Australia ICOMOS 1999 include the visual catchment Use Use means the function of a place, as well as the Australia ICOMOS 1999 activities and practices that may occur at the place

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11.0 Appendices Appendix A: Plan 1. Built Environment, Groundwork and Planting Plan 2. Built Environment and Groundwork Plan 3. Plantings Plan 4. House and Environs Plan 5. Fernhill Estate Property

Appendix B: Section 170 Listing

Appendix C: Maintenance Schedule

Appendix D: Fernhill Costed Maintenance Schedule No. 1

Appendix E: Penrith Developmental Control Plan – C7 Culture and Heritage Penrith Developmental Control Plan – E9 Mulgoa Valley

Appendix F: The Burra Charter

Appendix G: Minimum Standards of Maintenance and Repair

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