Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Heritage Impact Statement Proposed East Leppington Public School

Commissioners Drive, Denham Court NSW 2565 Submitted to Hansen Yuncken Pty Ltd

February 2020

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

REPORT REVISION HISTORY

Revision Date Issued Revision Description

01 DRAFT 23/11/2018 Revision tracking notes Prepared by Reviewed and Verified by Samara Allen Assistant Heritage Consultant Kerime Danis Brittany Allen Director - Heritage Senior Heritage Consultant 02 FINAL 30/11/2018 Revision tracking notes Prepared by Verified by

Samara Allen Kerime Danis Assistant Heritage Consultant Director - Heritage

03 UPDATED 26/08/2019 Revision tracking notes Prepared by Verified by

Samara Allen Kerime Danis Assistant Heritage Consultant Director - Heritage

03 UPDATED 26/02/2020 Revision tracking notes

Prepared by Verified by

Samara Allen Kerime Danis Assistant Heritage Consultant Director - Heritage

Disclaimer This report has been prepared by City Plan Heritage P/L with input from a number of other expert consultants (if relevant). To the best of our knowledge, the information contained herein is neither false nor misleading and the contents are based on information and facts that were correct at the time of writing. City Plan Heritage P/L accepts no responsibility or liability for any errors, omissions or resultant consequences including any loss or damage arising from reliance in information in this publication.

Copyright © City Plan Heritage P/L ABN 46 103 185 413

All Rights Reserved. No material may be reproduced without prior permission.

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

TABLE OF CONTENTS 1. Background ...... 6 1.1. Introduction ...... 6 1.2. The Site ...... 6 1.3. Legal Description ...... 8 1.4. Heritage listing ...... 8 1.5. Proposal ...... 11 1.6. Methodology ...... 21 1.7. Constraints and limitations ...... 22 1.8. Author Identification ...... 22 2. Site Context and Description ...... 23 2.1. Site Context ...... 23 2.2. Site Description...... 26 3. Historical overview ...... 29 3.1. Brief Suburb History ...... 29 3.2. History of the Subject Site ...... 29 4. Assessment of Significance ...... 36 4.1. Understanding Heritage Significance ...... 36 4.2. Statements of Significance ...... 37 4.2.1. The Subject Site ...... 37 4.2.2. The Upper ...... 37 5. Heritage Impact Assessment ...... 39 5.1. Statutory Controls ...... 39 5.2. Campbelltown City Council Growth Centre Precincts Development Control Plan (DCP) 2016 ... 39 5.3. State Environmental Planning Policy ( Region Growth Centres) (SEPP) 2006 ...... 40 5.4. Upper Canal, Pheasant's Nest to Prospect , Conservation Management Plan (CMP) 2016 ...... 44 5.4.1. Location of the Subject Site within Section 7 of the Upper Canal ...... 44 5.4.2. Significance rankings attributed to the Upper Canal and items within Section 7 ...... 45 5.4.3. Assessment of relevant CMP Policies ...... 47 5.5. Recommended management from SHR Form ...... 51 5.6. 'Statements of Heritage Impact' (NSW Heritage Manual) ...... 51 6. Conclusion and Recommendations ...... 54

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

FIGURES Figure 1: Site of proposed new primary school (red) (Source: SIX Maps, accessed September 2018)...... 7 Figure 2: View of the subject site (red) in relation to distance from Sydney Central Business District (blue) (Source: Google Maps, accessed November 2018)...... 7 Figure 3: Subject site (red) in relation to 'Upper Canal System (Pheasants Nest Weir to )' (SHR no. 01373). Note: Commissioners Drive has been constructed following this map and is not visible (Source: Growth Centres SEPP 2006, Heritage Map 008)...... 9 Figure 4: Subject site (indicated in blue) in relation to the greater Upper Canal System (Pheasants Nest Weir to Prospect Reservoir) (SHR no. 01373) (Source: Heritage Council of NSW, SHR Map)...... 10 Figure 5: Overall Site Plan (Source: Perumal Pedavoli Architects, Drawing no. 00_S002, Revision A, 15.07.2019)...... 13 Figure 6: Composite Floor Plan - Level 00 Block A & B - Part 1 (Source: Perumal Pedavoli Architects, Drawing no. 00_S011, Revision D, 07.08.2019)...... 14 Figure 7: Composite Floor Plan - Level 00 Block E - Part 2 (Source: Perumal Pedavoli Architects, Drawing no. 00_S012, Revision D, 07.08.2019)...... 15 Figure 8: Composite Floor Plan - Level 01 Block A & B, Level 00 Block C & D (Source: Perumal Pedavoli Architects, Drawing no. 00_S013, Revision D, 07.08.2019)...... 16 Figure 9: Composite Floor Plan - Level 02 Block A & B, Level 01 Block C & D (Source: Perumal Pedavoli Architects, Drawing no. 00_S014, Revision D, 07.08.2019)...... 17 Figure 10: Composite Floor Plan - Level 02 Block C (Source: Perumal Pedavoli Architects, Drawing no. 00_S015, Revision D, 07.08.2019)...... 18 Figure 11: Overall Sections - Sheet 1 (Source: Perumal Pedavoli Architects, Drawing no. 00_S201, Revision A, 15.07.2019)...... 19 Figure 12: Overall Sections - Sheet 2 (Source: Perumal Pedavoli Architects, Drawing no. 00_S202, Revision A, 15.07.2019)...... 19 Figure 13: Elevations - Block A (Source: Perumal Pedavoli Architects, Drawing no. 00_A101, Revision A, 29.07.2019)...... 20 Figure 14: Excerpt from East Leppington Public School Concept Design Report (Source: Perumal Pedavoli, East Leppington, Concept Design Report, Revision B, 11.07.2019, pg. 21)...... 21 Figure 15: Aerial View of subject site (red) in its geographical context (Source: SIX Maps, accessed September 2018)...... 23 Figure 16: View south-east along Elkhorn Street...... 24 Figure 17: View south to corner of Commissioner Drive and Elkhorn Street from exterior subject site. .... 24 Figure 18: View north-west across subject site featuring the 'Upper Canal System (Pheasants Nest Weir to Prospect Reservoir)' (SHR no. 01373), Elkhorn Street and Floodway area comprising north-west boundary...... 25

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 19: View north-east across subject site featuring 'Upper Canal System (Pheasants Nest Weir to Prospect Reservoir)' (SHR no. 01373) and Willowdale Drive (including bridge over canal)...... 25 Figure 20: View north-east across subject site towards Willowdale Drive...... 26 Figure 21: View north of subject site from southern access towards bridge over canal and residential development on opposite bank (Winter Street)...... 27 Figure 22: View of subject site featuring areas of compact soil and erosion (circled in green)...... 27 Figure 23: View south-west of boundary between floodway and rest of subject site...... 28 Figure 24: View north-west towards floodway featuring signage (circled in red) and wrought iron fencing either side of the canal...... 28 Figure 25: Map of the Parish of Minto, County of Cumberland, circa 1834. Cordeaux's land grant outlined in blue and approximate location of the subject site indicated with red star (Source: HLRV, A.O Map no. 333, Land & Water Conservation 140769)...... 31 Figure 26: Leppington House (Source: Campbelltown Library, http://campbelltown- library.blogspot.com/2016/11/leppington-house.html)...... 32 Figure 27: Pony Club on hunt at Leppington House, circa 1935 (Source: Campbelltown City Library, 002\002511) ...... 32 Figure 28: Composite map compiled using Sheet 1 and Sheet 2 of the Fifth Edition Parish of Minto, County of Cumberland Metropolitan Land District post 1974, to show the relationship between the Leppington and Denham Court estates. Approximate location of the subject site indicated with red star (Source: Historical Land Records)...... 33 Figure 29: Subject site prior to 2015 (circled in red) (Source: SIX Maps, accessed November 2018)...... 34 Figure 30: Image of East Leppington precinct area, not subject site in specific (Source: East Leppington Masterplan, LFA, accessed November 2018 via http://www.lfa.com.au/project/east-leppington-precinct- masterplan/) ...... 34 Figure 31: Map of Precinct 7 as outlined in the 2016 CMP, originally drawn for the 2004 CMP by Higginbotham and Associates. Subject site indicated with red star (Source: Government Architect's Officer for WaterNSW, Conservation Management Plan, 2016)...... 45 Figure 32: Australian Town and Country Journal, 8 May 1895, p. 28-29 (Source: State Library of NSW [TN83])...... 58

TABLES Table 1: Summary timeline of the history of the subject site...... 35

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

1. BACKGROUND

1.1. Introduction

City Plan Heritage (CPH) has been engaged by the applicant to prepare the following Heritage Impact Statement (HIS) to accompany a State Significant Development Application (SSDA) for the subject site at Lot 9001/ DP 1206596 in East Leppington. The project relates to the proposed construction of a new public primary school to accommodate approximately 1,000 students. The primary school will include 44 classrooms, a new multi-purpose hall for East Leppington, administration/staff centre, library resource centre, amenities and storage, staff car parking and site services. The proposed development is aimed to meet the education needs of the increasing population of East Leppington, a suburb experiencing urban and population growth. The proposed location for the primary school is consistent with the East Leppington 'indicative layout plan'1 and will provide a new school that is easily accessible for the primary school aged population anticipated within the Precinct. The proposed development has been constituted as State Significant Development (SSD 9476) in accordance with Division 4.7 of the Environmental Planning and Assessment Act 1979. In accordance with the relevant controls regarding heritage contained in the Campbelltown City Centre Growth Centre Precincts Development Control Plan (DCP) 2014 and the Growth Centres State Environmental Planning Policy (SEPP) 2006 will apply to the proposed development. This Heritage Impact Statement (HIS) assesses the likely impacts the works may have on the relative heritage values of the subject site and the heritage items in its proximity. All recommendations are made in accordance with statutory requirements and cultural heritage best practice. This HIS addresses the concept design phase only. City Plan Heritage (CPH) was not involved in the concept design process.

1.2. The Site

The subject site is located on the north-west side of Commissioners Drive, bordered by Willowdale Drive to the north-east, and Elkhorn Street to the south-west. The site also has a frontage to the heritage listed 'Upper Canal' to the north-west. East Leppington is approximately 39km south-west of the Sydney Central Business District (CBD). For a more detailed description of the site and its context, see Schedule 2.

1 East Leppington Precinct Rezoned, Precinct Plan, 2014, Department of Planning, accessed November 2018 via https://www.planning.nsw.gov.au/-/media/Files/DPE/Brochures/east-leppington-precinct-rezoned-precinct-plan-2014-08.ashx

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 1: Site of proposed new primary school (red) (Source: SIX Maps, accessed September 2018).

Sydney CBD

Subject Site

Figure 2: View of the subject site (red) in relation to distance from Sydney Central Business District (blue) (Source: Google Maps, accessed November 2018).

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

1.3. Legal Description

The subject site comprises Lot 9001 of DP 1206596.

1.4. Heritage listing

The subject site is not identified as a heritage item, however is located in proximity to the following heritage items:

NSW Heritage Act, 1977

State Heritage Register

'Upper Canal System (Pheasants Nest Weir to Prospect Reservoir)' (SHR no. 01373)

S170 Register

'', from Pheasants Nest to Prospect Reservoir (item no. 4580004; listed on the database as item no. 4575806)

Environmental Planning and Assessment Act, 1979

State Environmental Planning Policy (Sydney Region Growth Centres) 2006

'Upper Nepean Scheme - Upper Canal' (item no. 16)

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Upper Canal

Figure 3: Subject site (red) in relation to 'Upper Canal System (Pheasants Nest Weir to Prospect Reservoir)' (SHR no. 01373). Note: Commissioners Drive has been constructed following this map and is not visible (Source: Growth Centres SEPP 2006, Heritage Map 008).

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 4: Subject site (indicated in blue) in relation to the greater Upper Canal System (Pheasants Nest Weir to Prospect Reservoir) (SHR no. 01373) (Source: Heritage Council of NSW, SHR Map).

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

1.5. Proposal

It is proposed to construct a new primary School in East Leppington at the location identified in Section 1.2. The following is a summary description only of the proposed new works. For specific details reference should be made to the submitted architectural drawings. The construction of a new East Leppington Public School featuring an administration/ staff building, shaded assembly area, free and open play zones, 44 classrooms, a hall, library resource centre, amenities and storage, staff car parking and site services. The proposed development has been designed by Perumal Pedavoli Architects. CPH were not involved in the development of the design. This HIS has considered the assessed of the following information provided by Perumal Pedavoli Architects. To aid an understanding of the proposal, relevant plans and photomontages have been included at Figure 5 to Figure 13.

Drawing Drawing Title Revision no. Date no.

- East Leppington Public School Concept Design B 11.07.2019 Report

00_S000 Cover Sheet A 15.07.2019

00_S001 Drawing List and Legend A 15.07.2019

00_S002 Overall Site Plan A 15.07.2019

00_S011 Composite Plan - Level 00 Block A & B - Part 1 D 07.08.2019

00_S012 Composite Plan - Level 00 Block E (Part 2) A 15.07.2019

00_S013 Composite Floor Plan - Level 01 Block A & B, Level 00 D 07.08.2019 Block C & D

00_S014 Composite Floor Plan - Level 02 Block A & B, Level 01 D 07.08.2019 Block C & D

00_S015 Composite Floor Plan - Level 02 Block C D 07.08.2019

00_S021 Composite Roof Plan B 29.07.2019

00_S101 Overall Elevations B 31.07.2019

00_S201 Overall Sections - Sheet 1 A 15.07.2019

00_S202 Overall Sections - Sheet 2 A 15.07.2019

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

01_A011 Level 00 Floor Plan - Block A B 31.07.2019

01_A102 Level 01 Floor Plan - Block A B 31.07.2019

01_A103 Level 02 Floor Plan - Block A B 31.07.2019

01_B011 Level 00 Floor Plan - Block B B 31.07.2019

01_B102 Level 01 Floor Plan - Block B B 31.07.2019

01_B103 Level 02 Floor Plan - Block B B 31.07.2019

01_C011 Level 00 Floor Plan - Block C B 31.07.2019

01_C012 Level 01 Floor Plan - Block C B 31.07.2019

01_C013 Level 02 Floor Pan - Block C B 31.07.2019

01_D011 Lower Floor Plan - Block D & Toilet Block F B 31.07.2019

01_D012 Level 00 & 01 Floor Plan - Block D B 31.07.2019

01_E011 Level 00 Floor Plan - Block E A 15.07.2019

02_A101 Elevations - Block A A 29.07.2019

02_B101 Elevations 1 - Block B C 31.07.2019

02_B102 Elevation 2 - Block B C 31.07.2019

02_B201 Sections - Block B A 15.07.2019

02_C101 Elevations 1 - Block C B 31.07.2019

02_C102 Elevations 2 - Block C B 31.07.2019

02_D101 Elevations - Block D B 31.07.2019

02_E101 Elevations 1 - Block E A 29.07.2019

02_E102 Elevations 2 - Block E A 29.07.2019

For ease of reference the following figures provide a summary overview of the proposed works.

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 5: Overall Site Plan (Source: Perumal Pedavoli Architects, Drawing no. 00_S002, Revision A, 15.07.2019).

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 6: Composite Floor Plan - Level 00 Block A & B - Part 1 (Source: Perumal Pedavoli Architects, Drawing no. 00_S011, Revision D, 07.08.2019).

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 7: Composite Floor Plan - Level 00 Block E - Part 2 (Source: Perumal Pedavoli Architects, Drawing no. 00_S012, Revision D, 07.08.2019).

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 8: Composite Floor Plan - Level 01 Block A & B, Level 00 Block C & D (Source: Perumal Pedavoli Architects, Drawing no. 00_S013, Revision D, 07.08.2019).

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 9: Composite Floor Plan - Level 02 Block A & B, Level 01 Block C & D (Source: Perumal Pedavoli Architects, Drawing no. 00_S014, Revision D, 07.08.2019).

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 10: Composite Floor Plan - Level 02 Block C (Source: Perumal Pedavoli Architects, Drawing no. 00_S015, Revision D, 07.08.2019).

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 11: Overall Sections - Sheet 1 (Source: Perumal Pedavoli Architects, Drawing no. 00_S201, Revision A, 15.07.2019).

Figure 12: Overall Sections - Sheet 2 (Source: Perumal Pedavoli Architects, Drawing no. 00_S202, Revision A, 15.07.2019).

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 13: Elevations - Block A (Source: Perumal Pedavoli Architects, Drawing no. 00_A101, Revision A, 29.07.2019).

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 14: Excerpt from East Leppington Public School Concept Design Report (Source: Perumal Pedavoli, East Leppington, Concept Design Report, Revision B, 11.07.2019, pg. 21).

1.6. Methodology

This Heritage Impact Statement has been prepared in accordance with the NSW Heritage Manual ‘Statements of Heritage Impacts’ and ‘Assessing Heritage Significance’ guidelines. The philosophy and process adopted is that guided by The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Heritage Significance, 2013 (Burra Charter 2013). The proposed development has been assessed in relation to the relevant controls and provisions contained within the Liverpool City Council Growth Centre Precincts Development Control Plan (DCP) 2014 and the Growth Centres State Environmental Planning Policy (SEPP) 2006.

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Research for this HIS has adopted a two-stepped approach. Step 1 involving a desktop assessment and Step 2 being a site survey. This document provides the findings and recommendations resulting from this approach. Step 1 Research into the early development of the site was undertaken to get a better understanding of the place. In addition, the Aboriginal Heritage Information Management System (AHIMS) was searched to establish the location and background information on any Aboriginal objects or Aboriginal Places that are known to have special significance with respect to Aboriginal culture. Further, the SEPP 2006 and the NSW State Heritage Register were examined to determine the known heritage values of the subject site. Step 2 An onsite survey of the subject site and the context of its setting within Catherine Field was conducted by Samara Allen and Brittany Allen on 14 November 2018 with the purpose of photographing and understanding the place. All results are presented in Schedule 2 - Site Context and Description.

1.7. Constraints and limitations

▪ Accurate measured drawings do not form part of this assessment; ▪ This assessment does not include a heritage landscape assessment; ▪ This assessment does not form part of the building consent process; ▪ This assessment relates to the proposed works and documentation described in 1.5 Proposal and 1.6 Methodology. It does not relate to any additional or revised documentation by any party. ▪ This assessment does not include for an archaeological assessment or opinions regarding such matters; neither does it form part of a Section 140 Application for an Excavation Permit or Section 144 Application for an Excavation Variation Permit ▪ This assessment does not include an assessment of Aboriginal values. An assessment of the Aboriginal cultural significance of an area can only be made by Aboriginal communities. ▪ CPH were not involved in the design process. ▪ Only a visual assessment of the subject site was carried out. Intrusive methods were not employed. ▪ This assessment does not include for the provision of a title search for the subject site.

1.8. Author Identification

The following report has been prepared by Samara Allen (Assistant Heritage Consultant) and Brittany Allen (Senior Heritage Consultant). Kerime Danis (Director - Heritage) has reviewed and endorsed its content.

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

2. SITE CONTEXT AND DESCRIPTION

2.1. Site Context

The subject site is located in the new suburb of East Leppington to the south of Willowdale Drive, west of Commissioner Drive, and to the north of Elkhorn Street. East Leppington is an up and coming predominately residential suburb, and Willowdale Drive, Commissioner Drive and Elkhorn Street feature residential properties. The site was previously known as Dogwood Park (Google Maps) and is approximately 2.97km south-east of the Leppington train station. East Leppington is approximately 39km south-west of the Sydney Central Business District (CBD). To the north and east of the subject site the suburb is as yet undeveloped with a mixture of uncleared and cleared land. To the west of the subject site is the 'Upper Canal System (Pheasants Nest Weir to Prospect Reservoir)' (SHR no. 01373) listed heritage item (see Figure 3). The Canal is bordered on both sides by wrought iron fencing. The overall context of the local area is described as follows in the East Leppington Precinct Masterplan by LFA.2 Much of the Precinct is in single ownership and rural use and incorporates lands associated with the Campbelltown ‘Scenic Hills’ and remnants of the 1840’s Leppington House with its cultural heritage landscape. The following images provide an overview of the site's current context.

Willowdale Drive & Bridge

Winter Street

Elkhorn Street

Commissioner Drive

Upper Canal

Figure 15: Aerial View of subject site (red) in its geographical context (Source: SIX Maps, accessed September 2018).

2 East Leppington Precinct Masterplan, LFA, accessed November 2018 via http://www.lfa.com.au/project/east-leppington-precinct-masterplan/

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Subject Site

Elkhorn Street

Figure 16: View south-east along Elkhorn Street.

Commissioner Drive

Elkhorn Street

Figure 17: View south to corner of Commissioner Drive and Elkhorn Street from exterior subject site.

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Elkhorn Street Upper Canal

Floodway

Subject Site

Figure 18: View north-west across subject site featuring the 'Upper Canal System (Pheasants Nest Weir to Prospect Reservoir)' (SHR no. 01373), Elkhorn Street and Floodway area comprising north-west boundary.

Willowdale Drive Upper Canal

Bridge

Figure 19: View north-east across subject site featuring 'Upper Canal System (Pheasants Nest Weir to Prospect Reservoir)' (SHR no. 01373) and Willowdale Drive (including bridge over canal).

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

2.2. Site Description

The subject site is comprised of an undeveloped lot bordered by up and coming residential streets. The site is of a trapezoidal shape with an approximate area of 2.779 hectares. The subject site has previously been cleared and features a surface of compact red clay, tufts of grass and weeds. The surface is uneven, cracked and dry with evidence of litter, scattered rock and soil erosion (Figure 21, Figure 22 and Figure 23). Topography within the subject site is relatively flat, declining towards the canal in a gradual slope. The north of the subject site adjacent to the Upper Canal features a fenced-off portion of floodway approximately 30m wide x 175m in length. This floodway zone is denotated by signage and separated from the rest of the subject site with post and wire fencing (Figure 24). Grass and weeds in the floodway are overgrown, with a greater portion of vegetation than the rest of the site in comparison (Figure 24).

Willowdale Drive

Figure 20: View north-east across subject site towards Willowdale Drive.

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Winter Street Willowdale Drive

Figure 21: View north of subject site from southern access towards bridge over canal and residential development on opposite bank (Winter Street).

Figure 22: View of subject site featuring areas of compact soil and erosion (circled in green).

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Elkhorn Street Winter Street

Floodway

Figure 23: View south-west of boundary between floodway and rest of subject site.

Wrought iron fencing

Figure 24: View north-west towards floodway featuring signage (circled in red) and wrought iron fencing either side of the canal.

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

3. HISTORICAL OVERVIEW

3.1. Brief Suburb History

A detailed history of the Upper Canal System has been included in Appendix B.

3.2. History of the Subject Site

Prior to European arrival, the location of the subject site was land occupied and utilised by the Muringong people of the Dharug language group.3 The subject site was part of the 'Leppington Park' Estate officially granted to William Cordeaux in 1821, though some reports suggest he resided in the area earlier.4 Cordeaux had arrived in Australia onboard the convict transport ship Friendship and was appointed to the Commissariat Department of NSW in May 1817. Cordeaux took charge of the commissariat at Liverpool from 1821 and constructed a large house between 1823 - 1828 which he named Leppington House (Figure 26).5 Leppington House stood north of the subject site with a frontage to Denham Court Road (Figure 28). Leppington House was a large, two-storey dwelling complete with a ballroom, constructed by convict labour and known to have over 30 employees, 24 of them convicts.6 The Cordeaux family raised sheep and cattle on their land, the largest capacity in the district of the time.7 After Cordeaux passed away in 1839 at Leppington, his widow let the Leppington property to James Payten in the early 1870s and moved away.8 The Paytens continued to farm at Leppington until 1873 prior to relocating to the Woodbine estate. Following occupation by the Paytens, records show that Leppington was under the ownership of representatives of H. Bell into the 1890s and Charles Perry by 1906. Perry and his wife established a country tea garden at the homestead complete with a riding school which allowed visitors to hire horses and ride throughout the property. Perry also had a collection of various aviaries, kangaroos, wallabies and monkeys he kept on the land of the estate.9 During the 1880s part of the Leppington estate was resumed by the Public Works Department of NSW for the construction of the Upper Canal as part of the Upper Nepean Scheme (as seen in Figure 28). The area surrounding the Upper Canal and subsequently the subject site was described as very rugged and isolated country at the time of resumption.10 Leppington House fell into disrepair and later burnt down in the 1940s with some of its bricks re-purposed at Leppington Public School, which was established north-west of the subject site in 1923 as 'Raby Public

3 Heiss, A., Gibson, MJ., 2013, 'Aboriginal People and Place', Barani, accessed November 2018 via http://www.sydneybarani.com.au/sites/aboriginal-people-and-place/ 4 'Our Heritage: Exploring the history behind Macarthur's suburb names', Camden Advertiser, September 23 2015, accessed November 2018 via https://www.camdenadvertiser.com.au/story/3372438/our-heritage-exploring-the-history-behind-macarthurs-suburb-names/ 5 Morgan, D., 'Cordeaux, William (1792 - 1839)', Australian Dictionary of Biography, 2006-2018, originally published 1966, accessed November 2018 via http://adb.anu.edu.au/biography/cordeaux-william-1921 6 'Camden Gas Project Amended Northern Expansion: Historic Cultural Historic Assessment', Portion 5 - Leppington', p.25, Biosis Research, https://www.agl.com.au/-/media/agl/about-agl/documents/how-we-source-energy/gas-environment/camden/assessments-and- reports/2012/november/appendix_h-historic_rpt_0_mainrpt.pdf 7 Ibid 8 'Leppington House', The History Buff: Campbelltown City Library Local Information Blog, 18 November 2016, accessed November 2018 via http://campbelltown-library.blogspot.com/2016/11/leppington-house.html 9 'Leppington House', The History Buff: Campbelltown City Library Local Information Blog, 18 November 2016, accessed November 2018 via http://campbelltown-library.blogspot.com/2016/11/leppington-house.html 10 McLaren, N., 2011, 'Water', The Dictionary of Sydney, accessed November 2018 via https://dictionaryofsydney.org/entry/water

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

School'.11 The suburb surrounding the Leppington Public School and Post Office, established in 1924, later adopted the name of Leppington despite not having existed within the confines of Cordeaux's land grant.12 After Leppington House burnt down, the lands comprising Cordeaux's grant, including the subject site, were utilised by the army for target practice, scout camping grounds and for horse riding grounds.13 The subject site is currently denoted within the suburb of Denham Court according to Google Maps, but forms part of the East Leppington Development Precinct since its rezoning in 2013.14 Denham Court was named after Captain Richard Brooks' estate of the same name, though this was not the elected suburb name until the 1970s.15 The Denham Court estate was directly to the north of the Leppington estate and was subdivided into 444 blocks by Andrew Blomfield in 1884 (Figure 28).16 In the 20th century Denham Court developed with larger mansion housing dotted throughout, though areas to the south now encompassing 'East Leppington' have largely remained undeveloped. The subject site has most recently briefly been utilised as the Dogwood off-leash dog park which opened to the community in October 2017.17 Table 1 provides a summary of the history of the site.

11 'Leppington House', The History Buff: Campbelltown City Library Local Information Blog, 18 November 2016, accessed November 2018 via http://campbelltown-library.blogspot.com/2016/11/leppington-house.html 12 'Our Heritage: Exploring the history behind Macarthur's suburb names', Camden Advertiser, September 23 2015, accessed November 2018 via https://www.camdenadvertiser.com.au/story/3372438/our-heritage-exploring-the-history-behind-macarthurs-suburb-names/ 13 'Leppington House', The History Buff: Campbelltown City Library Local Information Blog, 18 November 2016, accessed November 2018 via http://campbelltown-library.blogspot.com/2016/11/leppington-house.html 14 'East Leppington Precinct Rezoned: Precinct Plan, NSW Government, Department of Planning and Environment, 2014, accessed November 2018 via https://www.planning.nsw.gov.au/-/media/Files/DPE/Brochures/east-leppington-precinct-rezoned-precinct-plan-2014-08.ashx 15 'History of Denham Court', Campbelltown City Council, accessed November 2018 via https://www.campbelltown.nsw.gov.au/AboutCampbelltown/History/Historyofoursuburbs/HistoryofDenhamCourt 16 'History of Denham Court', Campbelltown City Council, accessed November 2018 via https://www.campbelltown.nsw.gov.au/AboutCampbelltown/History/Historyofoursuburbs/HistoryofDenhamCourt 17 'Dog Park now open at Willowdale', 13 October 2017, Willowdale, https://www.stockland.com.au/residential/nsw/willowdale/news-and- events/dog-park-now-open

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 25: Map of the Parish of Minto, County of Cumberland, circa 1834. Cordeaux's land grant outlined in blue and approximate location of the subject site indicated with red star (Source: HLRV, A.O Map no. 333, Land & Water Conservation 140769).

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 26: Leppington House (Source: Campbelltown Library, http://campbelltown-library.blogspot.com/2016/11/leppington- house.html).

Figure 27: Pony Club on hunt at Leppington House, circa 1935 (Source: Campbelltown City Library, 002\002511)

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Figure 28: Composite map compiled using Sheet 1 and Sheet 2 of the Fifth Edition Parish of Minto, County of Cumberland Metropolitan Land District post 1974, to show the relationship between the Leppington and Denham Court estates. Approximate location of the subject site indicated with red star (Source: Historical Land Records).

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 29: Subject site prior to 2015 (circled in red) (Source: SIX Maps, accessed November 2018).

Figure 30: Image of East Leppington precinct area, not subject site in specific (Source: East Leppington Masterplan, LFA, accessed November 2018 via http://www.lfa.com.au/project/east-leppington-precinct-masterplan/)

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Table 1: Summary timeline of the history of the subject site.

Date Event

Pre-1788 Subject site was land occupied and utilised by the Muringong people of the Dharug language group

1821 Land granted to William Cordeaux as part of the 'Leppington' estate.

1823-1828 Leppington House constructed by convict labour north of the subject site.

1839 William Cordeaux passes away

1870s Leppington House and estate let to James Payten

1880s Partial land resumed by Public Works Department of NSW in construction of Upper Canal during the Upper Nepean Scheme.

1890s Leppington estate under ownership and occupation by representatives of H. Bell.

1900s - 1930s Leppington estate owned by Charles Perry, becomes pony club and riding school grounds. Various aviaries and animals kept on the grounds.

1940s Leppington House falls into disrepair and burns down. Bricks repurposed for Raby Public School to the west, and school is renamed to Leppington Public School.

1950s-1970s Lands used for army target practice, scout camping grounds and horse riding grounds.

1970s Subject site becomes incorporated into country estate suburb of 'Denham Court', named for Denham Court estate initially to the north of the Leppington estate.

1980s-2000s Land remains undeveloped within Denham Court suburb; surrounding areas dotted with large houses and mansions.

2013 Subject site part of rezoning into new suburb of 'East Leppington' and selected for location of new 'East Leppington Public School'.

2017 Subject site is opened as off-leash dog park, Dogwood Park.

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4. ASSESSMENT OF SIGNIFICANCE

4.1. Understanding Heritage Significance

Each place is unique and has its own combination of values. Therefore, before making decisions about the future of a heritage item it is essential to understand its heritage values so that these will be retained when making future decisions about the place. The statement of heritage significance summarises an item’s heritage values. The following assessment of significance has been prepared in accordance with the ‘Assessing Heritage Significance’ guidelines from the NSW Heritage Manual. a) an item is important in the course, or pattern, of the local area’s cultural or natural history The subject site is within close proximity to the Upper Canal built as part of the Upper Nepean Scheme, and was originally part of the Leppington estate granted to William Cordeaux. The subject site has been greatly disturbed in the following years and is not deemed important in the course of the historical context of the surrounding landscape. It does however hold some significance as it reflects the subdivision pattern of the Leppington estate and the recent boom in residential development in the greater Sydney Metropolitan area. b) 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 subject site was part of the land of the Leppington estate and can be associated with the life of William Cordeaux but this is not a primary significance in terms of historical associations. c) an item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in the local area The subject site does not demonstrate important aesthetic characteristics of a high degree of creative or technical achievement in the local area. The subject site is a vacant lot with no built or landscape features of note. d) an item has strong or special association with a particular community or cultural group in the local area for social, cultural or spiritual reasons Historical research to date has not identified a strong or special association between the subject site and a particular community or social group for social, cultural or spiritual reasons. e) an item has potential to yield information that will contribute to an understanding of the local area’s cultural or natural history Historical research to date does not suggest that the subject site has the potential to yield information that will contribute to an understanding of the local area's cultural or natural history. f) an item possesses uncommon, rare or endangered aspects of the local area’s cultural or natural history The subject site does not feature any items possessing uncommon, rare or endangered aspects of the local area's cultural or natural history. g) an item is important in demonstrating the principal characteristics of a class of the local area’s  cultural or natural places; or  cultural or natural environments

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The subject site does not consist of features important in demonstrating the principal characteristics of a class of the local area's cultural or natural places, or cultural or natural environments. However, it does reflect subdivision of the Leppington Estate and the more recent residential development.

4.2. Statements of Significance

4.2.1. The Subject Site

The subject site is not identified as having any cultural heritage value that would warrant its listing on a statutory heritage register. It is encompassed within the Camden area, traditionally lands occupied by the Muringong people of the Dharug language group. In 1821 2000 acres of land were granted to William Cordeaux as the 'Leppington'. The subject site has been associated with horse riding lands, army target practice, scout training, and most recently an off-leash dog park.

4.2.2. The Upper Canal

The following statement of significance has been extracted from the State Heritage Register (SHR) form compiled for this State heritage item, 'Upper Canal System (Pheasants Nest Weir to Prospect Reservoir)' (SHR no. 01373).18 The Upper Canal System is significant as a major component of the Upper Nepean Scheme. As an element of this Scheme, the Canal has functioned as part of Sydney's main water supply system since 1888. Apart from maintenance and other improvements, the Upper Canal has changed little. As part of this System, the Canal is associated with Edward Moriarty, Head of the Harbours and Rivers Branch of the NSW Public Works Department. The Canal is aesthetically significant, running in a serpentine route through a rural bushland setting as an impressive landscape element with sandstone and concrete-lined edges; The Canal is significant as it demonstrates the techniques of canal building, and evidence of engineering practice. The Canal as a whole is an excellent example of 19th century hydraulic engineering, including the use of gravity to feed water along the canal… The Upper Nepean Scheme is significant because: * In its scope and execution, it is a unique and excellent example of the ingenuity of late 19th century hydraulic engineering in Australia, in particular for its design as a gravity-fed water supply system. * It has functioned as a unique part of the main water supply system for Sydney for over 100 years and has changed little in its basic principles since the day it was completed. * It represented the major engineering advance from depending on local water sources to harvesting water in upland catchment areas, storing it in major dams and transporting it the city by means of major and pipelines. * It provides detailed and varied evidence of the engineering construction techniques prior to the revolution inspired by reinforced concrete construction, of the evolution of these techniques (such as

18 'Upper Canal System (Pheasants Nest Weir to Prospect Reservoir)', State Heritage Register (SHR) form, NSW Government, Office of Environment and Heritage, accessed November 2018 via https://www.environment.nsw.gov.au/heritageapp/ViewHeritageItemDetails.aspx?ID=5051481

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the replacement of timber flumes with wrought iron and then concrete flumes), and of the early use of concrete for many engineering purposes in the system. * The scheme possesses many elements of infrastructure which are of world and national renown in technological and engineering terms. * Many of the structural elements are unique to the Upper Nepean Scheme.

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

5. HERITAGE IMPACT ASSESSMENT

5.1. Statutory Controls

Subject site is not identified and is not assessed as being of an item of heritage significance. However, it is located within close proximity to the Upper Canal, a heritage item, as gazetted under the Campbelltown City Council Growth Centre Precincts Development Control Plan (DCP) 2016 and the State Environmental Planning Policy (Sydney Region Growth Centres) (SEPP) 2006. The Upper Canal System is also listed on the NSW State Heritage Register under the NSW Heritage Act, 1977 (SHR No. 01373).

5.2. Campbelltown City Council Growth Centre Precincts Development Control Plan (DCP) 2016

The following table addresses the Campbelltown City Growth Centre Precincts Development Control Plan (DCP), as it additionally pertains to specific controls relating to land adjacent to the Upper Canal in East Leppington.

Schedule 6: Site Specific Controls This proposal relates to these matters as follows:

6.2 European Heritage Historical research to date and the heavily cleared current nature of the subject site does not indicate the potential for 1. Applications for subdivision and building unidentified historical archaeological material. Historical on the land [identified in the DCP 2016] are relics and archaeological material were not identified to be accompanied by a report from a during the surface survey undertaken during the site suitably qualified heritage consultant inspection. Notwithstanding, the site contains two detailing the results of archaeological previously known Aboriginal sites and it is understood that investigations undertaken to confirm the an Archaeological Assessment, including Aboriginal and presence of archaeological material relating historical archaeological investigations, will be undertaken to the land. Where archaeological material by Biosis Pty Ltd. is identified, the proposal is to address the requirements of the Heritage Act 1977.

6.3 Aboriginal Cultural Heritage 2 Aboriginal sites have been identified within a 0km buffer Management of the subject site. In accordance with this control, this HIS identifies the presence of Aboriginal areas of heritage 1. Development applications must identify value within the proposed development area. Further any areas of Aboriginal heritage value that investigation into the Aboriginal heritage of the subject site are within or adjoining the area of the is beyond the scope of this report, however, it is proposed development, including any areas understood that an Archaeological Assessment, including within the development site that are to be Aboriginal and historical archaeological investigations, will retained and protected (and identify the be undertaken by Biosis Pty Ltd. It is anticipated that the management protocols for these)… recommendations of the Bosis study will be adhered to 3. Mitigation measures for Aboriginal and implemented accordingly. heritage sites are to be identified and implemented in consultation with the Office

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of Environment and Heritage as part of the development application.

7. Developments or other activities that will Consent from the Office of Environment and Heritage impact on Aboriginal heritage may require (OEH) may be required under this clause. Reference consent from the Office of Environment and should be made to the recommendations of the Biosis Heritage (OEH) under the National Parks study when completed. and Wildlife Act 1974 and consultation with the relevant Aboriginal communities.

8. Any development application that is As noted above, compliance with the requirements of the within or adjacent to land that contains a National Parks and Wildlife Act 1974 may be required known Aboriginal cultural heritage site, as under this clause. Reference should be made to the indicated on the Aboriginal cultural heritage recommendations of the Biosis study when completed. sites figure, in the relevant Precinct Schedule, must consider and comply with the requirements of the National Parks and Wildlife Act, 1974.

9. Where the necessary consents under the It is anticipated that requirements of any future consents National Parks and Wildlife Act, 1974 have in this regard will be implemented by the applicant been obtained, the development application accordingly. must demonstrate that the development will be undertaken in accordance with any requirements of that consent.

6.8 Land adjacent to the Sydney This HIS has taken the State Heritage status of the Upper Catchment Authority Upper Canal Canal into account when addressing the relevant controls. Refer to Section 5.3 for discussion of the SEPP 2006. 10. The State Heritage status of the Upper Canal should be taken into account when designing development adjacent to the Canal corridor.

5.3. State Environmental Planning Policy (Sydney Region Growth Centres) (SEPP) 2006

The following table addresses the controls of the SEPP 2006.

Appendix 8: Campbelltown Growth Centres This proposal relates to these matters as follows: Precinct Plan 2013 Clause 5.10 Heritage Conservation

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

(2) Requirement for consent The subject site is not identified as a heritage item nor assessed as having any heritage value in this report; Development consent is required for any of however, it is located directly south-west of the State and the following: local heritage item, the 'Upper Canal System (Pheasants (a) demolishing or moving any of the Nest Weir to Prospect Reservoir)' (SHR no. 01373), listed following or altering the exterior of any of the as 'Upper Nepean Scheme - Upper Canal' (item no. 16) following (including, in the case of a under the SEPP 2006. The proposed works include building, making changes to its detail, fabric, construction of a new East Leppington Public School finish or appearance): featuring 44 classrooms, a joint-use for a new multi- purpose hall for East Leppington, administration/staff (i) a heritage item, centre, library resource centre, amenities and storage, (ii) an Aboriginal object, staff car parking and site services. (iii) a building, work, relic or tree within a Due to the proximity of the subject site to the heritage item, heritage conservation area, consent is required under this clause. In addition, the AHIMS search identified two known sites within the (b) altering a heritage item that is a building boundaries of the site and therefore potential for by making structural changes to its interior disturbance of these sites may exist and needs to be taken or by making changes to anything inside the into consideration. item that is specified in Schedule 5 to this Precinct Plan in relation to the item, (c) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed, (d) disturbing or excavating an Aboriginal place of heritage significance, (e) erecting a building on land: (i) on which a heritage item is located or that is within a heritage conservation area, or (ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance, (f) subdividing land: (i) on which a heritage item is located or that is within a heritage conservation area, or (ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

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(4) Effect of proposed development on The proposed development has been designed set back heritage significance from the Upper Canal heritage item with the majority of the development in the southern portion of the subject site. The consent authority must, before granting The orientation of the proposed development will minimise consent under this clause in respect of a the impact to the heritage item by maintaining some heritage item or heritage conservation area, distance between the canal and the main thoroughfares of consider the effect of the proposed the school. development on the heritage significance of the item or area concerned. This subclause Views towards the heritage item will not be maintained, applies regardless of whether a heritage however the topography of the landscape does not management document is prepared under provide adequate views to the canal currently as the subclause (5) or a heritage conservation waterway is at a lower elevation to the adjacent floodway management plan is submitted under and subject site. Views of the Upper Canal heritage item subclause (6). from the central axis of the subject site are extremely limited, especially with the addition of the wrought iron fencing lining the canal on either side for safety measures. The construction of a multi-storey teaching/administration building within the subject site will allow for the potential for new views of the Upper Canal heritage item previously unavailable due to surrounding topography. The scale of the proposed building is not, however, considered to be of any adverse impact for the heritage item's setting, which is in the process of being dramatically changing. In accordance with this clause, this HIS has given careful consideration to the proposed works and their impact on the significance of the heritage item located in proximity. A detailed impact assessment has addiitonally been provided under the controls for the Liverpool City Council Growth Centre Precincts Development Control Plan (DCP) 2014 discussed in Section 5.2.

(5) Heritage assessment This HIS has been prepared in accordance with this clause due to the subject site's close proximity to the The consent authority may, before granting registered heritage item, 'Upper Canal System consent to any development: (Pheasants Nest Weir to Prospect Reservoir)' (SHR no. (a) on land on which a heritage item is 01373) and listed as 'Upper Nepean Scheme - Upper located, or Canal' (item no. 16) under the SEPP 2006 detailed in Section 2. It follows the methodology in line with the NSW (b) on land that is within a heritage Heritage Manual "Statement of Heritage Impact" and conservation area, or "Assessing Heritage Significance Guidelines". (c) on land that is within the vicinity of land referred to in paragraph (a) or (b), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage

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significance of the heritage item or heritage conservation area concerned.

(6) Heritage conservation management A Conservation Management Plan (CMP) has not been plans prepared for the subject site. This HIS has provided sufficient background history and fabric analysis to inform The consent authority may require, after the significance assessment. The subject site is not considering the heritage significance of a considered of sufficient significance to warrant the heritage item and the extent of change production of an updated CMP, however the existing 2016 proposed to it, the submission of a heritage CMP compiled by the Government Architect's Office for conservation management plan before WaterNSW is discussed in Section 5.4. granting consent under this clause.

(7) Archaeological sites Whilst a detailed archaeological assessment has not been carried out for the site, historical research has not The consent authority must, before granting indicated the site has any potential for archaeological consent under this clause to the carrying out remnants. However, considering the proposal involves of development on an archaeological site excavation within the bounds of the subject site, should (other than land listed on the State Heritage any unexpected archaeological findings be uncovered Register or to which an interim heritage during construction, a stop-work provision should be order under the Heritage Act 1977 applies): applied, and exposed findings assessed in accordance (a) notify the Heritage Council of its with the provisions of the NSW Heritage Act, 1977. intention to grant consent, and (b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(8) Aboriginal places of heritage CPH has conducted a basic AHIMS search which has significance identified 2 Aboriginal sites within a 0km buffer of the subject site indicating existence of Aboriginal The consent authority must, before granting archaeological sensitivity within the boundaries of the consent under this clause to the carrying out subject site. Further investigation into the Aboriginal of development in an Aboriginal place of heritage of the subject site is beyond the scope of this heritage significance: report, however, it is understood that an Archaeological (a) consider the effect of the proposed Assessment, including Aboriginal and historical development on the heritage significance of archaeological investigations, will be undertaken by Biosis the place and any Aboriginal object known Pty Ltd. Findings of the Biosis study should be adhered to. or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and (b) notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

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5.4. Upper Canal, Pheasant's Nest to Prospect Reservoir, Conservation Management Plan (CMP) 2016

5.4.1. Location of the Subject Site within Section 7 of the Upper Canal

The subject site is adjacent to Section 7 of the canal as identified in the 2016 CMP. The 2016 CMP provides the following description of Section 7 (extracted from Section 11): Section 7 of the canal commences midway along Box Hill Tunnel at approximately 24 ¾ miles (39.6km), ending at Denham Court Road overbridge. North of the Box Tunnel the Canal has a trapezoidal (V-shaped) cross section, initially concrete lined, then masonry, however the majority of the open canal within this section is a masonry lined, semi- circular ‘race’… At the northern end of Section 7 is a large brick, straight culvert draining to Leppington Creek on the west side. The culvert is constructed of three brick arches with a masonry lined collection basin on the east side. Section 7 contains typical overbridges, gates, flumes, culverts, distance markers, grassed and concrete access road, and steel access ladders within the canal. There are two extant timber trash racks located at the canal easement boundary and used to catch debris on minor watercourses.

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Heritage Impact Statement Proposed East Leppington School Commissioners Drive, Denham Court NSW 2565 Project # H-19 069 February 2020

Figure 31: Map of Precinct 7 as outlined in the 2016 CMP, originally drawn for the 2004 CMP by Higginbotham and Associates. Subject site indicated with red star (Source: Government Architect's Officer for WaterNSW, Conservation Management Plan, 2016).

5.4.2. Significance rankings attributed to the Upper Canal and items within Section 7

The following table provides an overview of the significance rankings attributed to the Upper Canal system first applied in 2002. The table additionally provides the equivalent element ranking used by Heritage NSW. Extracted from Section 4 of the 2016 CMP.

2002 Ranking Equivalent Heritage Definition NSW Ranking

Exceptional Exceptional Items of exceptional significance are rare or outstanding items that feature a high degree of original fabric and intactness or are integral to understanding the place as a whole. Their loss would have a serious and negative impact on the heritage significance of the place as a whole. This loss would be irreversible and would represent a loss to the people of NSW as a whole. Their conservation maintains the key characteristics that make the place interesting and unique.

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Considerable High Items in this category have a high degree of original fabric and demonstrate key elements of their significance, with a degree of alteration that does not unduly detract from that significance. They are important to understanding the place as a whole. Their loss would have a negative impact on the heritage significance of the place as a whole. Their conservation maintains important characteristics that are central to the significance of the place.

Some Moderate The fabric, buildings or elements of moderate significance are altered or modified elements or elements of lesser historic value, but contribute to the overall character and significance of the place. Their loss would detract from the overall significance of the place and the context of the elements of exceptional and high significance.

Little Little Fabric, buildings and elements are items of little heritage value, but still make a minor contribution to the character and overall significance of the site. Their loss would have a minor impact on the significance of the place as a whole. They should not however be removed unnecessarily as like items of moderate significance, they contribute to the context of the elements of exceptional and high significance.

Intrusive Intrusive Intrusive elements are damaging to the overall character and significance of the site. Their removal will lessen and in some cases reverse this negative impact on significance. Inappropriate replacements or changes to intrusive elements may have a negative impact on the surrounding elements that do have heritage significance.

The following table identifies the significance rankings attributed to the open channel cross section elements of the Canal within Section 7. Extracted from Section 14 of the 2016 CMP.

Element Date Inventory Description Significance Items

Canal - Concrete Lined Trapezoidal 1896 7.5 The trapezoidal Exceptional sections of the canal are either lined with stone or concrete. Pitched concrete walls and floor were cast in 150mm thick concrete laid on a 1:1 batter and did not use steel reinforcement. The

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coping is generally either concrete or stone blocks.

Canal - Stone Lined Semi-Circular 1888 7.24 The ‘race’ has a semi- Exceptional 'Race' circular cross section with radius of 2.1m and a water depth of between 1m and 1.4m. The width at the top varies from 3.45m to 3.9m. The race was constructed from 150 to 200mm thick stone pitching with or without a concrete underlay and originally had a stone coping, although has been replaced in some sections with a concrete coping.

5.4.3. Assessment of relevant CMP Policies

The section below addresses the relevant policies of the 2016 CMP prepared for WaterNSW by the Government Architect's Office.

CMP 2016 This proposal relates to these matters as follows: Section 5: Conservation Policies

5.3 Implications Arising from Significance The impacts of the proposed development on the key original components of the Upper Canal have been 5.3.1 Conservation of Key Aspects of considered in accordance with this policy. Significance The proposed development will be south-east Policy 1. adjacent to the Canal corridor but will not encroach The following aspects of the Upper Canal are into the Canal's identified curtilage. Subsequently, no integral to the significance of the place. Manage direct impact will occur to the identified key original components of the Canal as a result of the proposed

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them to ensure they are conserved and their school development. No works will be undertaken heritage values retained. directly to the Canal or to its associated items along the corridor. - Key original components of the Canal including open canal sections, tunnels, Further, as discussed above, the existing wrought iron aqueducts, weirs and offtakes and the support fence provides a physical barrier between the new structures that allow it to function such as development and the curtilage of the Canal which will flumes, access roads, depots, cottages, continue to be retained in situ. The existing fence also telegraph lines and bridges. These elements limits views between the Canal and the subject site. are ranked as having Exceptional or High The key original components of the Upper Canal will heritage significance. continue to be conserved and retained in accordance with this policy.

- Ongoing use of the Canal as a gravity fed The proposed development will have no impact on the water supply system for Sydney and a key ongoing usage of the Canal as a gravity fed water element in the Upper Nepean Scheme. supply system.

- Names of the various sections of the Canal The proposed development will have no impact on the and individual elements within it. existing names attributed to Section 7 of the Canal nor the individual elements within it.

- Rural landscape setting of the Canal and the The proposed development is intended to topography that allowed it to operate as a accommodate the urban growth in the East gravity fed system. Leppington area and the increased need for educational facilities. The subject site currently exists within a suburban development area to either side of the Canal. The proposed development will include the construction of an administration/ staff building, shaded assembly area, free and open play zones, 44 classrooms, a hall, library resource centre, amenities and storage, staff car parking and site services. It is noted that although these works will not maintain the historical rural landscape setting of the Canal, the development of the subject site in line with that of the surrounding area will have no impact on the continued operation of the Canal as a gravity fed system.

5.3.2 Management of Elements with different The proposed development to the subject site will be levels of significance adjacent to the Canal, along the Canal corridor. Subsequently, all elements of Exceptional Policy 3 - Elements of Exceptional Significance will be retained with no works undertaken Significance directly to the Canal itself. Retain all elements of Exceptional Significance The development of the proposed East Leppington as a priority. Public School will allow for all existing original fabric − Aim to retain all original fabric of elements of associated with the Canal to be retained, whilst no new exceptional significance as a first conservation fabric will be applied to the Canal itself. Similarly, the option. Where this will affect the safe operation

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or structural integrity of the Upper Canal, renew proposal does not include the removal of any existing elements using matching components. elements of the Canal irrespective of its significance. Undertake all new work in accordance with the The proposed works will have no impact to the safe policies in this CMP. operation or the structural integrity of the Canal. The − Avoid adding new fabric, where this will result extant wrought iron fencing to either side of the Canal in a negative impact on significance. ensures that a buffer is maintained between Canal itself and the subject site. Development will not seek − If adaptation is necessary for the continued to alter this boundary fence or site curtilage. use of the place, minimise changes unless such changes would result in the removal of intrusive As identified above, the subject site exists within an elements or will have minimal impacts on urban growth expansion area that has necessarily significance. adapted along the Canal corridor. The proposed new school contributes to this urban expansion and will − Give preference to changes that are have a contextually positive impact to the visibility of reversible. the Canal, previously unattained. − Prior to any major change, full archival recording is essential.

5.3.3 Curtilage The proposed development will continue to utilise the existing State Heritage Register curtilage as the Policy 8 management curtilage for the Upper Canal and Continue to use the State Heritage Register proposes no changes to its extent or boundary. curtilage as the management curtilage for the Upper Canal.

5.3.5 Setting and Historic Landscape Existing grass verges and embankments within the extant wrought iron boundary fencing surrounding the Policy 11 Canal will be retained in its current form. No works will Retain existing grass verges and open grass be undertaken within this area. areas along the majority of the Canal corridor as a means of retaining some of the historic rural setting of the Canal.

5.5.1 General Policy for Managing Change This assessment has considered the known history and heritage values of the Upper Canal to identify Policy 35 potential impacts of the proposed development and in Make decisions requiring change to the Upper order to minimise negative impacts. Canal with a clear understanding of the implications for the identified heritage values of the Canal and seek to minimise negative heritage impacts.

5.5.2 Assess Heritage Impact prior to Making This Heritage Impact Statement has been prepared in Change accordance with this policy. Policy 37 Prepare a Heritage Impact Statement for all works requiring an exemption notification or

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application for approval under the NSW Heritage Act, 1977.

5.5.5 Changing Use and/or Ownership The proposed development will have no impact on the continued use of the Canal as a part of Sydney's water Policy 44 supply system, its ownership by WaterNSW, nor its Continue to use the Upper Canal as part of ability to operate as a gravity fed supply. Sydney’s water supply system and retain its ability to operate as a gravity fed supply.

5.5.9 New Buildings and Structures within the As identified in Figure 3 (Section 1.4), the subject site Canal Corridor is in proximity to the Upper Canal (a portion of Section 7 as identified in the 2016 CMP). However, the subject Policy 50 site is not in proximity to any known buildings or When there is a requirement for new buildings structures of heritage value within, or in proximity to, or structures to be constructed within the Canal the Canal corridor. corridor, ensure they are of a similar size, scale, The surrounding context to the subject site is form and building materials to those of heritage comprised of new and ongoing residential significance formerly constructed along the development as described in Section 2.1. The Canal. proposed development is for the new East Leppington Public School and will be in similar contemporary minimalist design, form, colour and materials to the residential development. It is noted that the proposed new school will be of a greater size and scale to the existing residential development, however this is not considered to be an adverse impact to Upper Canal in comparison. As discussed in Section 5.3, the size and scale of the proposed development will be minimised by its setback with the majority of all new buildings located toward the southern portion of the site.

Policy 51 The proposed new development will be setback from the existing boundary fencing of the Upper Canal, with Ensure new buildings or structures are the majority of all new structures being located within unobtrusive and set back from elements of the southern axis of the site. This will provide a further Exceptional significance where those structures buffer between the new development and the Upper would have a negative visual or physical impact Canal and will reduce visual impact. on those elements. In addition, as noted in Section 5.3, existing views between the subject site and the Upper Canal are very limited due to the boundary fencing and the lower elevation of the Canal. The boundary fencing also prevents physical access to the Canal.

Policy 52 The proposed new school will be constructed using contemporary materials, colours and methods of Construct new buildings and structures using appropriate quality and workmanship. quality materials and workmanship.

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5.6 Interpretation Interpretation of the heritage significance of the Upper Canal does not currently form part of this proposal, Policy 73 however it is recommended. The Upper Canal is of Interpret the heritage significance of the Upper State heritage significance and due to its proximity to Canal and its role in the Upper Nepean the proposed school it is recommended that Scheme. interpretive artwork, accents and/or features be designed and installed onsite for the appreciation of visitors to the school and local area.

5.5. Recommended management from SHR Form

The State Heritage Inventory (SHI) form recommends the following management controls for the 'Upper Canal System (Pheasants Nest Weir to Prospect Reservoir)' (SHR no. 01373)19: ▪ Review a Conservation Management Plan (CMP); ▪ Prepare a maintenance schedule or guidelines; and ▪ Carry out interpretation, promotion and/or education. As the proposed development does not involve any works to the heritage item, an updated CMP has not been prepared. The existing 2016 CMP compiled by the Government Architect's Office for WaterNSW has been considered in detail in Section 5.4. Some interpretation of the Upper Canal heritage item has been identified in the concept design for the proposed works for inclusion onsite. This will consist of a winding brick and sandstone path to represent the history and significance of the Upper Canal. Further specific detail regarding the interpretive design has yet to be established.

5.6. 'Statements of Heritage Impact' (NSW Heritage Manual)

The following table addresses the proposal in relation to relevant ‘questions to be answered’ in the NSW Heritage Manual ‘Statements of Heritage Impact’ guidelines relating to a new development adjacent to a heritage item (including additional buildings and dual occupancies).

Questions to be answered This proposal relates to these matters as follows:

How is the impact of the new The new development will take place set back from the development on the heritage Upper Canal heritage item, separated by the pre-existing significance of the item or area to be wrought iron fencing situated on either side of the canal. minimised? The area denoted as floodway within the subject site will be utilised for a carpark with drainage easement towards the Canal. New development will not take place directly to the Upper Canal heritage item.

19 'Upper Canal System (Pheasants Nest Weir to Prospect Reservoir)', State Heritage Register (SHR) form, NSW Government, Office of Environment and Heritage, accessed November 2018 via https://www.environment.nsw.gov.au/heritageapp/ViewHeritageItemDetails.aspx?ID=5051481

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Why is the new development required to The new development will feature a new school identified be adjacent to a heritage item? to meet the education needs of the growing East Leppington community. The subject site is located within an upcoming suburban area, surrounded by residential development on either side of the Upper Canal heritage item. The subject site has been chosen for the development as it is a centrally located lot within the East Leppington Precinct capable of accommodating a primary school to minimise unreasonable environmental impacts as indicated under the SEARs recommendations.

How does the curtilage allowed around The curtilage allowed around the heritage item has the heritage item contribute to the previously been solidified further with the addition of a tall, retention of its heritage significance? wrought iron fence on either side. The fencing prevents entry to the Canal from the subject site and the possibility of foot traffic that may adversely affect heritage significance.

How does the new development affect The Upper Canal heritage item currently maintains low views to, and from, the heritage item? visibility from the subject site due to the topography of the What has been done to minimise landscape. The Canal has also been bordered on either- negative effects? side by wrought iron fencing to mitigate the potential for related accidents. This was previously comprised of post and wire fencing at a higher elevation to include the floodway that is not now within the confines of the subject site. The Upper Canal heritage item is therefore not visible from the subject site itself.

Is the development sited on any known, The development has not been sited on any known or or potentially significant archaeological potentially significant archaeological deposits. However, deposits? If so, have alternative sites two known Aboriginal sites have been found during the been considered? Why were they AHIMS search; therefore, further historical and Aboriginal rejected? archaeological studies will be undertaken by Biosis Pty Ltd to ascertain the sensitivity of the site in this regard. Recommendations of their findings will be considered accordingly when known.

Is the new development sympathetic to The new development is sympathetic to the heritage item the heritage item? In what way (e.g. form, by maintaining a clear differentiation between the sitting, proportions, design)? significant features of the item and the new development. This will be visible in the materials utilised to construct the new school (i.e. CFC cladding in neutral and accent colours (as yet unspecified), perforated metal, solar panels, galvanised balustrades, and concrete). In addition, the new development will be setback approximately 10m from the Upper Canal heritage item and separated by existing wrought iron fencing.

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Will the additions visually dominate the The new development will visually dominate the heritage heritage item? How has this been item from ground level, however the topography of the minimised? landscape has already minimised the visibility of the item from the subject site. The proposed development will feature multi-storey buildings at a higher elevation than the Canal and offer a reinvigorated view towards the Canal previously made unavailable. This is therefore considered to be a positive impact. To further ensure that the proposed development does not overwhelm the heritage item, a setback of approximately 10 m has been included separating the item from the western axis of the new school.

Will the public, and users of the item, still The general public and WaterNSW (users of the item) will be able to view and appreciate its be able to view and appreciate the aesthetic and technical significance? significance of the Upper Canal heritage item.

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6. CONCLUSION AND RECOMMENDATIONS

In conclusion, it is considered by City Plan Heritage that the proposed development, including construction of a new public primary school with 44 classrooms, a joint-use for a new multi-purpose hall for East Leppington, administration/staff centre, library resource centre, amenities and storage, staff car parking and site services will result in a positive to neutral impact to the heritage significance of the nearby heritage item. The new school proposed for development will be set back from the Upper Canal heritage item and separated from it by the tall wrought iron fence which has previously been installed on either side of the canal. This separation will minimise physical access to the heritage item. Views toward the heritage item will be positively increased; in its current condition the heritage item has little visibility from the subject site due to the topography of the site and that the canal is at a lower elevation. In addition, the tall wrought iron fencing obscures the canal from ground level. The proposed development will increase the potential for views of the canal from the upper storeys of the new structures previously unavailable. Views from the heritage item, due to the lowered elevation of the canal, will remain primarily unaffected. Overall the proposed development will have a positive to neutral effect on the adjacent section of the Upper Canal. Historical and cultural archaeological values of the site are currently being assessed by Biosis Pty Ltd and will be considered when their findings are known. The proposal demonstrates compliance with the existing controls regarding heritage conservation and is therefore recommended to Council for approval with the following recommendation:

Heritage Interpretation ▪ A built heritage specialist is to develop a heritage interpretation plan for the proposed development in accordance with the Heritage NSW publications, Interpreting Heritage Places and Items (2005) and Heritage Interpretation Policy (2005).

CITY PLAN HERITAGE February 2020

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APPENDIX A Architectural Drawings and Concept Design Report Prepared by Perumal Pedavoli Architects, dated 11.07.2019 - 31.07.2019

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APPENDIX B The following history has been extracted from the State Heritage Inventory (SHI) form compiled for the site of 'Upper Canal System (Pheasants Nest Weir to Prospect Reservoir)' (SHR no. 01373).20 Upper Canal System: By 1869 it was recommended that construction commence on the Upper Nepean Scheme. This consisted of two diversion weirs, located at Pheasant's Nest and Broughton's Pass, in the Upper catchment, with water feeding into a series of tunnels, canals and aqueducts known as the Upper Canal. It was intended that water be fed by gravity from the catchment into a reservoir at Prospect. This scheme was to be Sydney's fourth water supply system, following the , Busby's Bore and the Botany (Lachlan) Swamps. Designed and constructed by the Public Works Department of NSW, Prospect Reservoir was built during the 1880s and completed in 1888. Credit for the Upper Nepean Scheme is largely given to Edward Orpen Moriarty, the Engineer in Chief of the Harbours and Rivers Branch of the Public Works Department from 1858-88. The Upper Canal System is an integral element of the Upper Nepean Scheme which collects water from the four major dams on Cataract, Cordeaux, Nepean and Avon Rivers. The 64km long Upper Canal is the man-made section of the Scheme between Pheasant's Nest Weir and Prospect Reservoir and still operates as a gravity supply. The Scheme delivered its first water in January 1886 and functioned until…the Upper Nepean Scheme was fully-commissioned into use in 1888, along with Prospect Reservoir. The Canal was built using a variety of materials and structure types to suit the nature of the countryside through which it was passing. Above ground the water was channelled in open canal sections. Where the ground was soft the Canal was V-shaped and lined with shale or sandstone. In other sections, it was U-shaped and lined with sandstone masonry or left unlined where the Canal cut through solid rock. Where the water had to pass through hills or rises, tunnels were excavated and left unlined where they passed through rock and lined with brick where they cut through softer material. Over creeks and other deep depressions, the water moved through wrought iron aqueducts. Other original design features included: stop boards to allow sections of the Canal to be closed for cleaning and repair; flumes to ensure that stormwater from surrounding lands did not enter the Canal to pollute; bridges to carry major roads; and 'occupation bridges' to allow access for property owners. Throughout the late-19th and early 20th century the water supply through the Upper Nepean Scheme was managed by a resident engineer who lived on site in various locations over time including Prospect Reservoir, Potts Hill and Pipe head. Maintenance men and inspectors were living along the Canal housed in cottages owned by the Water Board. There were also valve controllers living at the weirs at the southern end and Prospect Reservoir in the north, to regulate the discharge of water along the Scheme. Most of these houses have been demolished, but the sites of some remain in archaeological form… Day-to-day communications between workers were enabled by a telephone line along the Canal's length, which was in operation by 1898. Some of the original poles from this line still exist within the Canal corridor. Movement along the Canal was assisted by roads or tracks alongside, which were

20 'Upper Canal System (Pheasants Nest Weir to Prospect Reservoir)', State Heritage Inventory (SHI) form, NSW Government, Office of Environment and Heritage, accessed November 2018 via https://www.environment.nsw.gov.au/heritageapp/ViewHeritageItemDetails.aspx?ID=5051481

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gradually added from the mid-to late 1890s. In some areas access was difficult until 1935 when the larger creek crossings were bridged… Larger scale repairs and maintenance were usually scheduled during winter, when lower demand for water allowed sections of Canal to be de-watered. By the 1900s this included relining some lengths of open canal. In the early 20th century the demand on the scheme increased with Sydney's increasing population. In 1902 a Royal Commission was established to make a full inquiry into Sydney's water supply. This considered a range of matters across the supply network including the Upper Canal. Although its initial recommendations were to undertake major works to the Nepean Tunnel, only minor work was required to bring the Upper Canal's capacity to its current 150 million gallon per day capacity. This included improving flow characteristics by concreting rough spots on the bottom and sides of the canal and tunnels and replacing some of the stone pitching with concrete. By-passes were also provided around the wrought iron aqueducts to enable their internal maintenance… A 54" diameter woodstave main was built from the Upper Canal at the 39 mile point to take water directly to Pipe Head basin. In 1937 it was replaced with permanent 72" diameter steel main between the Upper Canal at Prospect Reservoir and Pipe Head (Guildford). In 1958 when water from Warragamba (Dam) became available an 84" diameter steel pipeline was commissioned. The 1920s and 30s also saw construction of a range of new over-bridges and flumes, improving access and water quality. Another phase of bridge and flume upgrades occurred in the 1970s and 80s. The cottages occupied by maintenance staff along the Canal appear to have passed out of use at this time… In the 2000s all of the trash racks at the tunnel and portals were replaced and new safety railing installed at various points along the Canal system to ensure safer working conditions for operational staff. This period also saw a range of works to prevent or rectify impacts of coal mining subsidence including propping and re-lining of aqueducts, propping and repairs to collapsed or unstable sections of open canal and temporary raising of the freeboard…

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Figure 32: Australian Town and Country Journal, 8 May 1895, p. 28-29 (Source: State Library of NSW [TN83]).

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