ATTACHMENT C

ATTACHMENT C

STATEMENT OF HERITAGE IMPACT JOHNSTONS STORMWATER CANAL SHARED PATHWAY PROJECT

ATTACHMENT C

Statement of Heritage Impact ______

Johnston’s Stormwater Canal: Shared Pathway Project

by

Tory Stening

February 2011

Report to Council of the City of ATTACHMENT C

Executive Summary

______

The Council of the City of Sydney and Leichhardt Municipal Council propose to develop a shared pathway adjacent to Johnston’s Canal, Glebe. The aim of the shared pathway is to improve the visual appearance; improve connections for pedestrians and cyclists from Orphans School Creek to Blackwattle Bay; and to reduce current impacts of pedestrian and bicycle traffic on tree roots and other vegetation.

An inspection and archaeological survey was conducted on Wednesday 2nd February 2011. The survey considered the possible impact of the approximately 1km long shared pathway on the non- Aboriginal heritage of the study area.

This assessment concludes that there will be no adverse impacts on the non-Aboriginal cultural heritage significance of the study area and surrounds. ATTACHMENT C

Table of Contents ______

1.0 Introduction ...... 3 1.1 Background ...... 3 1.2 Location and Site Description ...... 3 1.3 Proposal ...... 8 1.4 Heritage Listings...... 8 1.5 Aims of the project...... 9 1.6 Authorship and Acknowledgements...... 9 2.0 Methodology...... 10 3.0 History...... 11 3.1 The Study Area...... 11 3.2 Land Grants and Landownership ...... 12 4.0 Physical Evidence ...... 39 4.1 Built Environment ...... 39 4.2 Cultural Landscape...... 39 4.3 Archaeological Deposits...... 39 5.0 Impact ...... 40 5.1 Built Environment ...... 40 5.2 Cultural Landscape...... 40 5.3 Archaeological Deposits...... 40 5.4 Summary of Impact...... 40 6.0 Legislation ...... 42 6.1 Heritage Act 1977 ...... 42 6.2 City of Sydney LEP 2005...... 42 6.3 Leichhardt LEP 2000...... 43 7.0 Recommendations ...... 44 References ...... 45 Photographs...... 48 ATTACHMENT C

1.0 Introduction 1.1 Background The Council of the City of Sydney and Leichhardt Municipal Council propose to construct a shared pathway adjacent to Johnston’s Stormwater Canal between Wigram Road and Blackwattle Bay, Glebe. Full details of the project are included at Section 1.3 of this report.

To ensure that the non-Aboriginal cultural heritage significance of the subject area is not adversely impacted upon by the proposal, the Council of the City of Sydney has commissioned this Statement of Heritage Impact. This assessment has been undertaken in accordance with the NSW Heritage Manual.

1.2 Location and Site Description Johnston’s Stormwater Canal is located approximately 3km west of the Sydney GPO within the suburbs of Annandale, Glebe and Forest Lodge. The northern limit of the study area is where Johnston’s Stormwater Canal runs into Blackwattle Bay and the southern limit is where Johnston’s Creek feeds into Johnston’s Stormwater Canal at the junction of Wigram Road and Booth Street. The northern and southern portions of the proposed shared pathway are in the local government area of the City of Sydney. The central portion, between ‘The Crescent’ and Taylor Street, is in the local government area of Leichhardt Municipal Council.

The study area runs along the banks of Johnston’s Canal. The northern section consists of approximately 300 metres of an existing, largely, informal pedestrian walkway on the western side of the canal (Federal Park North and Federal Park Central), and a parallel 300 metres of a formal shared pedestrian and bicycle pathway on the eastern side of the canal south to Harold Park Bridge (Jubilee Oval). The western pedestrian area appears to have developed largely as a ‘desire line’. The grass has been worn away by pedestrian traffic, exposing the underlying soil and the roots of Casuarina groves. In some sections the Council of the City of Sydney has laid gravel to make the path passable during wet weather.

The 300m of pathway adjacent to Jubilee Oval is already a formal shared pathway. Its finishes include concrete, bitumen and timber planking. This section has existing lighting installations –with the power cables buried under the pathway. For a short distance north of the railway viaduct, this section is squeezed between the constructed walls of the canal and the mounded surrounds of the Jubilee Cricket Oval. South of the viaduct a large mound of soil and rubble is held back by a stone wall.

The northern sections of pedestrian and shared pathways join at Harold Park Bridge (leading to the former Rozelle Tramshed on the eastern side of the canal). The pathway is then bituminised and continues south on the western side of the canal (Federal Park South and Spindler Park) for approximately another 500m to the McMahons Bridge (foot bridge) connecting Taylor Street to Minogue Crescent. The pathway then continues south on the eastern side of the canal past housing units on the former PABCO industrial site. This section of informal dirt track terminates at the intersection of the Johnston’s Stormwater Canal with Wigram Road. South of Wigram Road an existing shared pedestrian and cycle way continues beside the much landscaped ‘Orphans School Creek’.

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Johnston’s Stormwater Canal is crossed by two roadways, a railway viaduct, a sewer viaduct and four foot bridges. In the mid section of the study area, the north-western extremity of the former Harold Park Raceway stadium also overhangs the canal near The Crescent. The stadium seating is supported by large pylons on both sides of the canal - seven of these on the western side of the canal adjacent to the pathway.

A landscaped tidal wetland, also fed by storm water drains, lies on the north-western side of the study area adjacent to the canal and is bounded by the railway viaduct, Chapman Road and Johnston’s Canal.

Figure 1 shows the location of the study area, Figure 2 shows the location on an aerial photograph whilst Figure 3 shows the plans.

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Figure 1: Map showing the location of Johnstons Canal (indicated by arrow) (source www.WhereIs.com.au)

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Figure 2: Location of Johnston’s Stormwater Canal. The red line indicates the study area (source: Google Maps)

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Figure 3: Plan showing the pathway. Green indicates shared bicycle and pedestrian pathway within the Council of the City of Sydney and orange is shared bicycle and pedestrian pathway within Leichardt Municipal Council. Yellow denotes a gravel, pedestrian only pathway. (Courtesy of the Council of the City of Sydney)

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1.3 Proposal The Council of the City of Sydney and Leichhardt Municipal Council propose to connect the existing shared pathway on the north-eastern side of Johnston’s Stormwater Canal at Blackwattle Bay to the existing shared pathway south of Wigram Road. At the same time, the informal dirt section on the north-western side will become formalised with a new gravel surface to provide an all weather, pedestrians only pathway (see yellow section in Figure 3).

The existing shared walkway at the northern end and on the eastern side of Johnston’s Stormwater Canal will have some additional lighting installed and a section of degraded bitumen will be replaced between the Chapman Road Bridge and a foot bridge just to the north of the road bridge.

The finishes for other sections of the shared pathway will consist of a concrete, recycled brick, or stabilised decomposed granite. The decomposed granite will be used in areas where a concrete path would damage tree roots.

Drainage issues will also be addressed and this will require several sections of path to be raised using culverts to allow overland flows.

1.4 Heritage Listings Within and near the study area are the following listed items:

Statutory listings:

State Heritage Register There are currently a number of properties on the State Heritage Register within the Johnston’s Canal area and vicinity. A number of items have multiple listings. Those items with multiple listings have been listed alongside each other. These are the following:

 Johnston’s Creek Sewer Aqueduct, Johnston’s Creek Sewerage Aqueduct  Railway Viaduct (Bicentennial Park), Railway Viaduct (Wentworth Park), Glebe Viaducts (Jubilee Park/Wentworth Park)  Johnston’s Creek Stormwater Channel No. 55  Annandale (Johnston Street) Underbridge  Glebe Railway Tunnel

City of Sydney Local Environmental Plan (LEP) 2000:  Rozelle Tramway Depot Tramsheds (former), (The Crescent, Glebe)  Kirsova Playground, (Wigram Road, Glebe)  Rest Park, (Minogue Crescent, Glebe)

Leichhardt City Council Local Environmental Plan (LEP) 2000:  Jubilee Park (Bicentennial Park)  Federal Park (Bicentennial Park)  Pope Paul VI Reserve (Bicentennial Park)  Bowstring Bridge (Bicentennial Park)  Allen Truss Bridge (Bicentennial Park)

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 Sandstone retaining wall (Bicentennial Park)  Substation No SPS 4 (Bicentennial Park)  Avenue of Figs (Bicentennial Park)

Non-Statutory Listings

Register of the National Estate One item within the present study area is listed on the Register of the National Estate. That item is:  Johnston’s Creek Sewer Aqueduct, Piper St, Annandale, NSW, Australia

National Trust of Australia  Former Rozelle Tramway Depot Tramshed

1.5 Aims of the project The consultant was commissioned to:

a) Undertake background research, including a search of the State Heritage Register and the City of Sydney Local Environmental Plan and the Leichhardt City Council Local Environmental Plan, to develop a history of the study area and its surrounds and to ascertain if any listed items may be impacted upon by the proposal. This history will enable a significance assessment to be undertaken and will inform the Statement of Heritage Impact.

b) Undertake a site inspection of the study area to determine whether any historic sites or places are located within or near the proposed new shareway and to record any such sites located; and to determine the potential for archaeological deposits to exist within the study area.

c) Assess the impact of the proposal on any sites or archaeological deposits recorded.

d) Provide a report outlining the results of the assessment and providing management recommendations.

1.6 Authorship and Acknowledgements This was a collaborative project. Jillian Comber, BA., Litt.B., coordinated the project. This report was written by Tory Stening, BA, MA, and Caroline Plim, BA, Assoc.Dip.Loc & App. History. Tory Stening wrote Sections 1, 2, 4, 5, 6 and 7. Caroline Plim wrote Section 3. Jillian Comber reviewed and edited the report.

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2.0 Methodology This project was conducted in three stages, which were background research, site inspection and report production, as detailed below.

Stage 1: Background Research Background research was undertaken to ascertain the history and significance of the study area. The history draws on a wide variety of primary and secondary sources including, but not limited to, maps and plans, directories, newspaper reports, and photographs. All sources are referenced at the end of this report.

The background research included a search of the following Registers and Planning Instruments:

 The Australian Government’s National Heritage List;  The Australian Government’s Commonwealth List;  The NSW Heritage Branch’s State Heritage Register;  The City of Sydney Council’s Local Environmental Plan 2000 Heritage Schedule;  The Leichhardt City Council’s Local Environmental Plan 2000 Heritage Schedule.  National Trust of Australia’s Register

The information obtained from these sources was used to develop a historical overview of the site and to provide guidance as to the nature of the cultural and archaeological landscape and the significance of the study area

Stage 2: Site Inspection The site inspection was undertaken on Wednesday 2nd February 2011 with the following people present:

 Jillian Comber, Archaeologist, Comber Consultants;  Tory Stening, Archaeologist, Comber Consultants;  David Nutley, Archaeologist, Comber Consultants;  Caroline Plim, Historian, Comber Consultants.

In addition, Ms Sarah Scott, Design Manager from City of Sydney met with the consultants in the morning to discuss the project. The length of the route was walked to allow Ms Scott to show the route of the proposed pathway and discuss the proposed works.

Stage 3: Report Preparation After completing the inspection, a draft report was prepared and provided to City of Sydney. On receipt of their comments, this report will be finalised and a final copy provided.

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3.0 History 3.1 The Study Area

Location The proposed Johnston’s Canal Shared Path lies on sections of the east and west banks of Johnston’s Creek Channel (Johnston’s Creek Stormwater Channel No 55) extending from Rozelle Bay (north) to Wigram Road (south). Sections of the path lie within the City of Sydney and Leichhardt Local Government Areas (LGAs) running through public recreation areas including Bicentennial Park (Jubilee Park and Federal Park), Spindler’s Park, Hogan Park/Reserve, and John Victor McMahon Reserve, some of which are of heritage significance. The site runs under the Johnston’s Creek Sewer Aqueduct and Glebe Railway Viaduct, both of heritage significance; and is adjacent to a number of pedestrian and vehicular bridges crossing Johnston’s Creek including the former Rozelle Tram Depot tram bridges, a reinforced concrete bowstring pedestrian bridge, and Federal Road pedestrian bridge. The first three are of heritage significance while the latter is a replica. The Study Area is separated from Johnston’s Creek Channel by a fence.

Local Government Administration Administratively, the Study Area has lain within the boundaries of a number of Local Government Areas (LGAs) - City of Sydney (including Glebe 1949-1968 and from 2003), Glebe Municipal Council (1859-1949), Annandale Borough Council (1894-1949), and Leichhardt (including Annandale from 1949 and Glebe 1968-2003). It is presently within the City of Sydney and Leichhardt Municipal Council LGA’s.

Johnston’s Creek Channel Johnston’s Creek Channel takes its name from the creek that once formed the eastern boundary of Major George Johnston’s Annandale Farm and which has been converted into a channel. Johnston’s Creek is a watercourse about 2 km in length which rises about 1 km north-north-west of Newtown (Trafalgar St Stanmore) and flows generally north-east into Rozelle Bay. Orphan School Creek, a main tributary joins Johnston Creek south of Wigram Road near Booth St. Johnston’s Creek is part of an approximately 4 sq km catchment area extending through the suburbs of Stanmore, Annandale, Leichhardt, Glebe and Newtown. In 2011 the lower reaches of Johnston’s Creek are an open channel whereas the upper reaches are enclosed. Numerous stormwater channels and pipes discharge into the creek [GNB Register Extract; Hudson 1996: 9].

At the time of settlement the mouth of Johnston’s Creek between Orphan School Creek and Rozelle Bay consisted of ‘a silt, sand and mud intertidal’ zone and swamp which was reclaimedinthelate19th century [Solling 2007: 40].

The main types of vegetation in Glebe prior to colonisation are thought to have been open eucalypt woodland of grey ironbark (Eucalyptus paniculata), blackbutt (E. pilularis), red mahogany (E. resinifera), white stringy bark (E. globoidea) and turpentine (Syncarpia glomulifera) on the shale-derived soils of the ridges; Red bloodwoods (E. gummifera)and scribbly gums (E. haemastoma) on the sandstone areas; and swamp oaks (C. glauca)atthe heads of the bays; and grey mangroves (Avicenna marina) in the intertidal zones [Solling 2007: 41].

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3.2 Land Grants and Landownership George Johnston (1764-1823) and Annandale Farm In the late 18th century Johnston’s Creek formed the boundary of Major George Johnston’s Annandale Farm comprising 100 acres (40 ha) of land granted by Lieutenant Governor Grose in May 1793 (Figure 4). The land at Petersham Hill was bounded ‘on the east by a freshwater stream’ that became known as Johnston’s Creek on the other side of which was what became present day Glebe, the St Phillip’s Glebe of 400 acres (162 ha) reserved in 1790 for the support of the Church of England clergy and schools. In 1794 and 1799 additional grants were made to Johnston adding to Annandale Farm [Yarwood 1967: 20-22; Cowper & Parsons 1966: 5-7; Roberts 2008: 29-30, 32].

Figure 4: Johnston’s Annandale Farm, Parish of Petersham showing Johnston’s Creek and Rozelle Bay in 1867. George Allen’s Toxteth Park lies to the east of the creek (Willis 1867, NLA). Johnston’s Creek indicated by arrow.

George Johnston arrived in Australia with a marine detachment of the First Fleet in January 1788. In various positions in the colonial military administration, he attained the rank of Major. His decision making and actions were not without criticism and notably he was instrumental in Governor Bligh’s arrest in 1808 after which Johnston assumed the position of Lieutenant Governor. Aside from his official duties Johnston took a great interest and was successful in farming and grazing. He received land grants amounting to 4162 acres (1684 ha) including Annandale Farm [Yarwood 1967: 20-22].

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Annandale Farm was well situated having good access to fresh water and the ‘decomposed Wianamatta shale ...creating a rich soil.’ Johnston’s Creek was a reliable water source in 1849 and part of the creek near Road was ‘deep water’ [Roberts 2008: 32]. After Johnston’s death an advertisement for Annandale farm’s lease in 1825 described its attributes. It consisted of:

...wood and meadow land, more or less, including gardens orchards and plantation of the choicest kind of fruit; also a convenient brickyard, with excellent earth, ...the land is well calculated for either a wind or water mill, being well supplied with water... The whole of the estate lies in a ring fence, and bounds with two creeks of water [The Australian 27 Jan 1825: 1, cited in Roberts 2008: 153].

In 1890 the soil on the higher flats of Annandale consisted of ‘a rich red loamy clay, and the flats a deep alluvial black deposit.’ It is thought that at the time of settlement that the flora consisted of:

...timbers principally stringy bark and blackbutt with some red gums intermixed, was of enormous size, and beneath these huge gums the ground was open and well grassed. In the valleys the large timber was box, with a good sprinkling of wattles and a dense ti-tree scrub. The larger timber was soon cut down... But many of the large trees were left for many years [The Echo 17 Jul 1890: 2, cited in Roberts 2008: 154].

In the mid 19th century the original vegetation was allowed to regrow and the area near Johnston’s Bay was known as Johnston’s Bush [Roberts 2008: 155]. In the 1860s the head of the bay in the vicinity of Johnston’s Creek retained a considerable amount of bushland and ‘mangrove skirted shores’. The name ‘Johnston’s Bay’ became redundant after land reclamation between the creek mouth and Rozelle Bay. Robert Johnston, George’s son leased allotments (residential and industrial) in North Annandale as a source of income during his period of ownership, passing on the estate to his sons in 1872 [Roberts 2008: 157, 159, 174]. From 1876 North Annandale was subdivided and sold through the Sydney Freehold Land Building and Investment Company Limited with an area of land along the creek reclaimed (Figure 5).

Further areas of land bordering on Johnston’s Bay were reclaimed for subdivision c1880s as well as some proposed reclamation in neighbouring Glebe (Figure 6).

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Figure 5: Plan of North Annandale showing the planned subdivision in the late 1870s-1880s. The subdivision is shown as extending over part of Johnston’s Creek. The line of the low water mark is shown dotted and indicated by an arrow (Gibbs, Shallard & Co, Sydney nd, SP A4/29 ML SLNSW)

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Figure 6: ‘Plan of North Annandale’ showing the route of the tramway line (indicated by arrow) approved in September 1890 extending from Glebe in the vicinity of Toxteth Road, crossing Johnston’s Creek and following the shore of Johnston’s Bay to Rozelle Bay (Higinbotham & Robinson c1890, ML SLNSW SP A4/24A)

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A comparison of plans suggests that part of Johnston’s Creek was converted to a channel by 1890 and land reclaimed as part of the subdivision of Annandale.

Sydney Glebe Lands (1790-1828) In 1790 Governor Phillip set aside a number of areas of land for the use of the Church of England and schools including 435 acres (176 ha) known as ‘the Glebe’ adjacent to the Study Area. Until 1794, under the leadership of Richard Johnson (1753-1827) part of the land was cleared for cultivation. Following the formation of the Church and School Corporation in 1826 it was decided to sell the Church Reserve or ‘Glebe’ which was subdivided into 27 allotments and offered at auction in February and May 1828 [Solling 2007: 42-43, 45, 47]. The lots were offered as villa retreats suitable for ‘respectable’ families.

George Allen (1800-1877) and Toxteth Park George Allen, a solicitor purchased 95 acres (38.5 ha) of The Glebe between Johnston’s Creek and Glebe Road overlooking Rozelle Bay that had been auctioned in 1828 (Figure 4). In 1829 he commissioned John Verge to design a residence for the property named Toxteth Park and into which the Allen family moved in 1831. Alterations to the native landscape include the construction of landscaped and kitchen gardens and a number of huts and outbuildings [Solling 2007: 47, 52-54]. A watercolour by Samuel Elyard in 1868 provides an indication of the environment on the eastern side of Toxteth Park looking towards to Johnston’s Creek, Johnston’s Bay and Rozelle Bay in 1868 (Figure 7).

Figure 7: Subdivision of ‘The Glebe’ land in the Parish of St Phillip, Sydney showing allotments sold to George Allen and Alexander Brodie Spark from 1828 (Parish Petersham nd PMapMN04 Id 14072901 LPMA)

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Figure 8: Samuel Elyard’s ‘Allan’s (sic) Bush’ in 1868 in his Collection of Views in NSW, (MLSLNSWDGD15Vol4f68)

A small portion of Toxteth Park on Glebe Road was sold in 1876 but it wasn’t until 1884 that the estate was subdivided [Solling 2007: 98]. Toxteth Park was the last of the Glebe estates to be broken-up and was sold in a series of subdivision sales between 1884 and 1907. In 1884 the estate extended from Rozelle Bay, along Glebe Point Road, to Wigram Lane, along Orphan School Creek, and Johnston’s Creek (Figure 9). Attractions to prospective buyers included its proximity to the City, easy access to trams and buses and a building covenant aimed at preserving the quiet amenity of the area [Solling 2007: 47, 52-54, 98-99]. Allen’s building covenant influenced the pattern of development at the north-western end of Glebe Point and to some extent its development in the 20th century.

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Figure 9: Map of ‘The Glebe’ municipality in 1885 and part of the Toxteth Estate (adjacent to the Study Area) prior to subdivision and sale (Higinbotham & Robinson, 1885, CCSA). Arrows indicate the location of “Toxteth Park” and an unnamed creek flowing across “Eglingtoun” owned by A B Spark.

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As indicated in Figure 9 in 1885 Johnston’s Creek is still following its original course and flows into Rozelle Bay between Annandale and Glebe at a point further south than is apparent in 2011. Other creeks in the catchment include Orphan School Creek and two unnamed watercourses in Allen’s Toxteth Park and AB Spark’s Eglintoun .

A.B. Spark (1792-1856) and ‘Eglintoun’ Alexander Brodie Spark, a Sydney merchant and investor purchased two 20 acre (8 ha) allotments (Portions 96 & 97) of the Glebe Estate to the north of George Allen’s in 1828; one at the February auction and another at a later stage (Figure 7) [The Monitor 18 Feb 1828: 5]. Spark does not appear to have developed the land, but experiencing financial difficulties in the 1840s it was subdivided into 31 allotments and auctioned in 1841 as the ‘Marine Village of Eglintoun’ (Figure 10) [Sydney Herald 18 Jun 1841: 3; Pike 1967 (2): 463-465]. Declaring himself insolvent in 1843, the remaining Glebe allotments and other assets were auctioned between 1843 and 1846 [SMH 11 Sep 1843:2; SMH 29 Aug 1844: 3; SMH 29 Aug 1845: 4; SMH 15 Aug 1846: 4]. Lots 30 and 31 were purchased by Allen in 1847 [Lawrence c.1995: 109, 133]. It was later sold in conjunction with the Toxteth Park Estate between 1884 and 1907. A portion is now part of Bicentennial Park.

Figure 10: ‘Plan of Eglintoun’ adjacent to George Allen Toxteth Park and fronting Rozelle Bay in 1841. A creek to the east of Johnston’s Creek flows into the bay through Eglintoun and another runs through Allen’s property (Clint, Sydney, 1841, ML SLNSW)

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Reclamation of Land in Rozelle Bay and Formation of a Channel at Johnston’s Creek As the 19th century drew to a close and development of Glebe and Annandale increased so did pressure on the Government to deal with pollution in Johnston’s Creek which accumulated in the tidal mangroves in Johnston’s Bay and Rozelle Bay. In an attempt to manage pollution, in 1885 Glebe Council commenced the construction of sewer lines in Glebe [Solling 2007: 93]. Accumulation of rubbish and polluted stormwater in the creek and bay however continued to be a problem.

In 1890 concerted lobbying by local councils resulted in the proposal by the Public Works Department of a stormwater drainage system [Sydney Water Heritage Inventory No 4570348]. Strategies included the conversion of Johnston’s Creek into a concrete stormwater channel and the reclamation of land between Annandale and Glebe Point. The project included the construction of a number of smaller underground stormwater channels feeding onto Johnston’s Creek Channel. Supporting the scheme there was local pressure for theland‘inthevicinitybededicatedforpublic park purposes’ [Crown Plan Ms370Sy LPI; SMH 29 Dec 1891: 4-5]. The Plan for the Reclamation of Rozelle Bay records some aspects of the environment in the Study Area in 1890 including the course of Johnston’s Creek, the high and low water marks, a water hole (north of the junction of Johnston’s Ck and Orphan School Ck), and areas of mangrove swamps [Crown Plan Ms370Sy LPI]. One area of mangroves corresponds with the wetland established in Federal Park in 2001.

Land reclamation was slow but by May 1893 the construction of a ‘stone dyke’ between Glebe Point and Johnston St Annandale was underway. A break was left in the wall to allow the water to escape from the swamp and creek during work (Figure 11). A footbridge allowed access between Glebe Point and Annandale [SMH 27 May 1893: 9; SMH 9 Jan 1895: 4].

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Figure 11: City of Sydney Section for Leichhardt (Sht 8) showing part of a retaining wall built enclosing a mangrove swamp at the mouth of Johnston’s Creek prior to the reclamation work (indicated by arrow) (Dept Lands, 1893, SLNSW)

Reclamation work involved packing the area behind the wall with ‘thick clayey soil’ and filling with sand dredged from Rozelle Bay and other parts of Sydney Harbour. At least ‘three or four acres west of Glebe-road’ was replaced by a ‘clean sandy beach’, ‘patrolled by pleasure- seekers and children during the fine weather.’ The swamp on the Annandale side back towards ‘Lillie Bridge Grounds’ (later developed as Harold Park, north of Wigram Road and Ross St) was slowly being transformed and it was estimated that about 48 acres was ultimately going to be ‘reclaimed’ under the supervision of the Harbours and Rivers Department [SMH 27 May 1893: 9; SMH 9 Jan 1895: 4].

As part of the project Johnston’s Creek was to be converted into a ‘capacious cemented sewer channel’ preventing any ‘nuisance arising from the flow of drainage matter’ [SMH 9 Jan 1895: 4]. In 1895 Messrs Carter, Gummow & Co of North Sydney were awarded the contract for the construction of the Johnston Creek Stormwater Channel [SMH 26 May 1895: 6]. The same firm carried out the construction of the Johnston’s Creek Sewer Aqueduct, also completed in 1897 [NTA NSW Classification Report 1987]. The channel’s construction was protracted and not completed until 1897-8 [SMH 12 May 1897: 6; Sydney Water Heritage Inv No 4570348]. Sydney Water plans indicate that construction was carried out in stages with some of the plans dating to 1897 when the project should have been nearing completion.

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The final course of the channel and construction details varies from early plans. A series of amended plans dated June 1897 reproduced below (Figures 12, 13 & 14) show features such as an area of existing channel to the south, a new line of the channel, the outlet into Rozelle Bay and a footbridge [Sydney Water Plans GCONT 160]. Areas of brickwork in the base and sides of the channel are evident in the southern parts of the channel near Wigram Road and might been earlier work.

Figure 12: Plans and sections dated June 1897 showing the area of reclamation and details drawn for the new line of the channel and the final stage of construction of the Johnston’s Creek Stormwater Channel (Sydney Water GCONT 160-5)

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Figure 13: Plans and sections dated June 1897 showing details drawn for the brick paved and concrete outlet for Johnston’s Creek Stormwater Channel at Rozelle Bay (Sydney Water GCONT 160-6)

Figure 14: Plans and sections dated June 1897 showing footbridge details over Johnston’s Creek Stormwater Channel (Sydney Water GCONT 160-4)

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In the 1890s pedestrians crossed Johnston’s Creek between Glebe and Annandale via footbridges. The Wigram Road footbridge was demolished during the channel construction but slated for later replacement [SMH 12 May 1897: 6]. In 1939 there were a number of crossings along Johnston’s Creek Channel between Rozelle Bay and Wigram Road. A Detail Map of Glebe reproduced below (Figure 15) records footbridges at the mouth of the channel and at Chapman St north of the Rozelle Tramway Depot. Vehicular crossings included the tramway bridges at The Crescent (Balmain Line) and at the north end of Taylor Street, Annandale (Annandale Line); and road bridges at Wigram Road and Federal Road (CCSA Mar 1939). The Taylor Street tramway bridges survive.

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Figure 15: ‘Municipality of The Glebe Detail Map’ showing bridge crossings over Johnston’s Creek Channel in 1939 (Housing Improvement Board NSW, Mar 1939 CCSA)

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Johnston’s Creek Stormwater Channel No 55 is listed on the State Heritage Register as a ‘good example of one of the earliest purpose built stormwater drains in Sydney’ [SHR Database No 4570348]. It is also included on the s.170 NSW State Agency Heritage Register [Sydney Water Inv No 4570348].

Johnston’s Creek Sewer Aqueduct (1895-7) Johnston’s Creek Sewer Aqueduct is a significant structure in the vicinity of the Study Area between Spindlers Park and Hogan Park at Piper Street and lies on land resumed for the purpose in October 1891. Planning commenced on this and the White’s Creek Sewer Aqueduct in 1895, both completed in 1897. Built using the Monier System the aqueduct consists of an externally rectangular conduit with a ‘U’ shape interior 3’6” x 4’6” (1.07 x 1.37m). It is carried on nine main arches (spaced at 82’10” or 24.24m centres), and a number of subsidiary ones, with a total length of 14 chains (281.64m) (Figure 16). Engineers W.J. Baltzer (PWD Sewerage Branch) and F.M. Gummow are credited with the introduction of the Monier system in NSW and Baltzer with the design of the aqueduct. Messrs Carter, Gummow & Co were awarded the contract for the construction of the aqueduct, carrying outtheconstructionofthestormwaterChannelatthesametime[Collocott,1987,NTA NSW; SMH 21 May 1895:6].

The Johnston’s Creek Sewer Aqueduct (Figure 16 and Photograph 1) is one of ‘the first two major reinforced concrete structures to be built in NSW, and amongst the first to be built in Australia’ [Collocott, 1987, NTA NSW]. It is historically significant with White’s Creek Sewer Aqueduct, as a key component of the first extension of the Bondi Ocean Outfall Sewer (1889) which is visible above ground [Collocott, 1987, NTA NSW]. The item is of State and Local heritage significance and listed on the State Heritage Register (Listing No 01325), the Leichhardt LEP 2000, s.170 NSW State Agency Heritage Register (Ref No 215183), and in the Register of the National Trust of Australia (NSW).

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Figure 16: Elevation and details of the Johnston’s Creek Sewer Aqueduct (Sydney Water GCONT 77-11)

Photograph 1: Arched form of the Johnston’s Creek Sewer Aqueduct seen from the Study Area

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Tramway (1891–1958) and Rozelle Tramway Depot (1904-1958) Less visible than the sewer aqueduct today is the former Rozelle Tram Depot Its trams, tramlines and bridges were integral to the Johnston’s Creek locale, contributing to its character. A single track line for steam trams operated to Forest Lodge from 1882 and in 1891-92 was extended to Balmain crossing Johnston’s Creek Channel through the Study Area (work approved Sep 1890). The line built by Messrs Taylor and Bowden followed a route from Forest Lodge terminus across a private right-of-way. The tramway crossed the channel then followed the Rozelle Bay shoreline along a causeway formed by an early land reclamation [Keenan 1993: 3-4, 7]. As shown in Figure 18 below, the tramline approved in September 1890, extended from Glebe, crossing Johnston’s Creek and followed the shore of Johnston’s Bay to Rozelle Bay.

A contractor George Davidson constructed the 60 foot (18.3m) long iron tramway bridge crossing Johnston’s Creek. The bridge, resting on concrete abutments was completed at a cost of £1874. The single track line from Forest Lodge to Rozelle opened on 2 May 1892 with stops nearby at Nelson and Johnston Streets, Annandale [Keenan 1993: 7, 10]. The route was popular with passengers alighting at the Lillie Bridge pony racing venue and later the Epping Racecourse (Harold Park from 1929) [Keenan 1993: 21; Solling 2007: 207-8]. The tramway bridge (Figure 17) is recorded on a City of Sydney Section Plan for Leichhardt dated 1892 [Leichhardt Sht 7, Dept of Lands].

Figure 17: Plan showing the location of the Balmain Tramway bridge crossing Johnston’s Creek in 1892 (Leichhardt Sht 7, Dept of Lands)

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The electrification and duplication of the Balmain Route tramway (excluding the Johnston’s Creek Bridge) was completed in December 1900. The second bridge was completed by Messrs Mounteney and Co on June 1901 at a cost of £1606/17/6 [Keenan 1993: 20]. Following the electrification a brick depot was constructed at Glebe, east of Johnston’s Creek. Built in two stages, parts of the Rozelle Tram Depot were completed in April 1904 and June 1909 catering for Balmain, Abbotsford, Leichhardt, Drummoyne, Lilyfield and Ryde rolling stock [Keenan 1993: 54].

Alterations were made to the tramway in the vicinity of the Study Area in 1907 providing for services to Annandale and Lilyfield. The single track line crossing Johnston’s Creek Channel south of Rozelle Depot, then via a private right-of-way entering Taylor St, Annandale. It was duplicated in 1909 [Keenan 1993: 22-23]. Photographs taken in the 1950s document the tramway’s use near the Study Area (Photographs 2 and 3).

Photograph 2: Coupled tram cars on the east side of Johnston’s Creek Channel leave Rozelle Depot for the city in the 1950s (Keenan 1993: 43)

Photograph 3; Balmain Line trams stopped on tramway bridges over Johnston’s Creek Channel at Rozelle Depot Junction in March 1858. The location of this crossing is not within the study area

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The Rozelle Tramway and Depot closed on 22 November 1958 [Keenan 1993: 4]. The former Rozelle Depot, a bridge crossing Johnston’s Creek Channel and track remnants are evidence of the significant role that trams played in Sydney’s transport network until 1958. The former Rozelle Tram Depot and remnants of related infrastructure are listed on a number of statutory heritage inventories as well as the register of the National Trust of Australia (NSW). The Depot site, bounded by Minogue Crescent, Johnston’s Creek Channel, the pedestrian extension of Chapman St, Maxwell St and the western boundary of the Harold Park race track, is still partly visible from the Study Area [Brassil NTA (NSW) Feb 1994]. The boundary ofthesiteismarkedbyalineofFicus rubignosa along the Johnson’s Creek Channel identified in the 1990 Leichhardt Heritage Study.

Two former tramway bridges for the Annandale Line (Photographs 4 and 5) are extant and located in the Study Area adjacent to McMahon Reserve [Leichhardt Heritage Study, Vol 3, 1990 - Inventory No L21-G]. A timber footbridge has since been built on top of one of the tramway bridges

Photograph 4: Aerial photograph showing the Johnston’s Creek Channel tram bridges for the Annandale Line, 1949 (City of Sydney Aerial Survey AO44 CCSA)

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Photograph 5: Surviving tramway bridge crossings over Johnston’s Creek Channel between Taylor St and McMahon Reserve. The northern tramway bridge has been converted for use as a footbridge. The existing footbridge will be replaced with a new footbridge.

Foreshore Leases, Federal Road, Rozelle Bay (1890s -1988) From c1900 land at the northern end of the Study Area near Rozelle Bay was leased by the Government for commercial and industrial use. The Rozelle Bay sites, some with wharves, provided easy access to the harbour, to the city and suburbs by road, and later to the goods railway line and depot. Early tenants included timber merchants while between the 1930s and 1950s the site on the east side of the Johnston’s Creek Channel was used by an oil company for storage [Glebe Detail Map Mar 1939 CCSA; Sands Directory 1932/3; Building Survey Detail Sht 4 c1956 CCSA; Civic Survey Glebe West 1950 CCSA].

Parks and Public Recreation Reserves from 1899 In the late 19th century Glebe and Annandale Councils and their residents believed that the reclaimed land would be converted into a public recreation reserve but by late 1898 part of the foreshore was leased by the Government to a timber yard [SMH 20 Dec 1898: 8; SMH 18 Jan 1899: 5]. After concerted lobbying on 11 November 1899 land was reserved for public recreation at Rozelle Bay. As shown in Figure 18 below, the park extended up to the 12 acres (4.9 ha) of leased land adjacent to the bay. Some access to the bay was possible at a small reserve and the University Rowing Club sheds at Glebe Point [Sands Directory 1915-1932/3].

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Figure 18: Plan of the dedication of land for public recreation (coloured green). The Crown Plan also shows subsequent development of the area (CP Ms1520Sy LPI)

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A total of 16 acres 1 roods 20 perches was dedicated for a park - 4 acres 1 rood 29 p to the west of the channel and 11 acres 3 roods and 31 perches on the Glebe or east side. The area was later reduced for reservations for other uses such as the railway viaduct. Other documented features include the line of the Johnston’s Creek Stormwater Channel, the former high water mark on the Glebe foreshore, the route of the Balmain Tramway on the west side of channel, a footbridge crossing the channel at its mouth. Federal Road serviced foreshore properties and joined Glebe Road (Glebe Point Road) and The Crescent in Annandale [CP Ms1520Sy LPI]. The road on the west side of the channel was dedicated in 1907 and the east side dedicated in 1911, while by c.1919-20 an earlier footbridge had been replaced by a more substantial public bridge [CP R13880-1603 LPI].

Federal Park and Jubilee Park (from 1900) In 1900 Annandale and Glebe Council became joint trustees for the Rozelle Bay recreation reserve which was named Federal Park to commemorate the federation of the Australian colonies in 1901 [Solling 2007: 216; www.cityofsydney.nsw.gov.au/AboutSydney]. In 1906 Glebe Municipal Council began landscaping the site and Canary Island Palms (Phoenix canariensis), Moreton Bay Figs (Ficus macrophylla), Brush Box (Lophostemon confertus)and Port Jackson Figs (Ficus rubiginosa) amongst other trees were planted in 1906. In 1909, celebrating 50 years of local government the Glebe side of the recreation area was named Jubilee Park and was formally opened on 31 August 1910. Park improvements in the early 20th century included a cricket oval and pavilion, rowing clubs and boatsheds on Rozelle Bay [Solling 2007: 216-7; Leichhardt Heritage Study 1990: 104]. Maps and plans show that the area west side of Johnston’s Creek retained the name Federal Park.

Federal Park Wetlands An area of wetland has been established in Federal Park in an area bounded by the Railway viaduct, Chapman Rd South and Nelson St (Photograph 6). The location coincides with a stormwater pipe built in the 1890s feeding into Johnston Creek Channel and which would have replaced a small creek or watercourse that once flowed into Johnston’s Bay from Annandale.

In 2001, after a long period of consultation the traditional method of piping stormwater was converted to a tidally influenced open water body with associated salt marsh wetland vegetation and fringing terrestrial vegetation. The reintroduction of the wetland provides some indication of how this part of the locality might have looked and functioned prior to its reclamation and development in the 1880s and 1890s. The site provides an opportunity to reintroduce indigenous wetland species and attract birds and aquatic life [Federal Park Wetland Update 25 May 2009].

Photograph 6: Wetland in the southern part of Federal Park

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Bicentennial Park Bicentennial Park was formed to mark the 200th anniversary of European settlement in 1988. It incorporated both Federal and Jubilee Parks, Pope Paul VI Reserve and Government land between Federal Road and Rozelle Bay that had been leased by the Sydney Harbour Trust Commissioners (later the Maritime Services Board) for industrial use. Stage 1 involved the remediation of the land east of Johnston Creek Channel and opened in 1988; and Stage 2 to the west of the Channel opened in 1995 [‘Glebe Foreshore Park Glebe’, www.cityofsydney.nsw.gov.au]. In the 1980s Federal Road was closed and in 1990 the Allan Truss road bridge was closed to vehicular traffic due to its state of disrepair [Leichhardt Heritage Study, Rev Ed May 1990: Inventory No B33_G]. Today the route of Federal Road is marked by paving and a replica Allan Truss pedestrian Bridge built across the stormwater channel replacing the original [‘Glebe Foreshore Park Glebe,’ www.cityofsydney.nsw.gov.au].

A popular venue for both sport and gentle recreation in the early 20th century, in 2011 Bicentennial Park is popular and well-utilised. Bicentennial Park and smaller parks that exist within it are listed on a number of statutory and non-statutory heritage registers. Jubilee Park and Federal Park, both part of Bicentennial Park are included in Leichhardt Council’s Heritage Inventory (Database Nos 1940050 & 1940048) but is now within the City of Sydney Council’s LEP. Jubilee Park is on the register of the National Trust of Australia (NSW) (15 Mar 1989).

Other Parks and Reserves Linked to the Study Area: Reserve (unnamed), Spindlers Park, Hogan Park, Smith Park and John Victor McMahon Reserve Other parks and reserves linked to the Study Area include an unnamed recreation reserve, Spindlers Park, Hogan Park and Smith Park, Annandale; and John Victor McMahon Reserve, Forest Lodge. On the Annandale side of the Channel the unnamed reserve extends from Federal Park and Chapman Road to Rose Street Annandale. In 1939 a tennis court occupied the reserve opposite the Rozelle Tramway Depot [‘The Glebe Detail Map’ Mar 1939, CCSA]. A 1949 aerial survey provides some indication of recreational landuse at this time (Photograph 7 and Figure 19).

Spindler’s Park lies between Rose Street and the Piper St Aqueduct and was dedicated for public recreation on 3 October 1924 [Parish Petersham, Sht 4a, 3rd Ed 5 Nov 1969]. Spindler’s Park is thought to be linked to the former name for land in this location locally referred to as Spindler’s Paddock [Application to Leichhardt Council, Carpark Use, 1952, Archives]. Until 1921 Frederick Spindler operated a business at 104 Taylor St property selling horses, harnesses and wagons [SMH 9 Apr 1921:11]. A small bowstring reinforced concrete footbridge designed connects Spindler’s Park with the east side of Johnston’s Creek Channel and A.V. Henry Reserve (formerly a playground) (Photograph 8) [Building Survey Detail Sheet No 8, c.1956 CCSA]. The bridge would have provided easy access between Annandale and Glebe’s racecourse and alternative tram services. The bridge designed by the Metropolitan Water Sewerage and drainage Board in 1929 is considered to be one of the earliest reinforced concrete bowstring arch bridges built in Australia and a landmark linking parks on either side of the channel (Photograph 8) [Sydney Water File Nos 554335-8, Dwgs 499-502; Leichhardt Heritage Study, Vol 3, Inv No B13-A].

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Federal Park (north)

Jubilee Park Oval

Railway Viaduct

Federal Park (south)

Rozelle Tram Depot. Johnston’s Creek Channel crossing footbridge (circled)

Recreation Area (unnamed) with tennis courts and track.

Balmain Line Tram Bridge crossing

Spindler’s Park with paths leading to a small reinforced concrete bowstring footbridge (circled) opposite which is the race course

Johnston’s Creek Sewer Aqueduct

Hogan Park. A cricket pitch built for the Annandale Waratahs, a women’s cricket team is visible

John Victor McMahon Reserve at the Annandale Line tram bridge crossing (circled)

Smith Park

Photograph 7: Aerial survey showing the extent of parkland, recreation grounds and significanct sites adjacent to Johnston’s Creek Channel in 1949. Bridge crossings shown circled (City of Sydney Aerial Survey AO44 1949 CCSA)

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Figure 19: Plan showing the location of Spindler’s, Hogan, Smith and John Victor McMahon Parks (Regional Charting Map, Parish of Petersham, Sht 4c from 19 May 1971)

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Photograph 8: Circa 1929 reinforced concrete bowstring footbridge over Johnston’s Creek Channel between Spindler’s Park and the A.V.Henry Reserve, c.1929

Hogan Park extends from the Piper Street Aqueduct to Taylor St and was dedicated as a public recreation area in 1915 and 1924 [Parish Petersham, Sht 4a, 3rd Ed 5 Nov 1969]. The north end of the park is notable for the large Ficus (planted c1949) growing adjacent to the Piper St Aqueduct and close to the Study Area. It is thought that Hogan Park commemorates a small businessman and social leader Edward Hogan (1867-1945), a carrier, who was the longest-serving member of the Annandale Council (1906-44) and a Mayor on eight occasions [Solling & Reynolds 1997: 182]. A cricket pitch for competitive women’s cricket was established in the park for the Annandale Waratahs in 1930 [Solling & Reynolds 1997: 207].

Smith Park dedicated in 1924 lies at the southern end of the Study Area adjacent to Hogan Park (Figure 19) [Parish Petersham, Sht 4c, 3rd, from 19 May 1971]. Smith Park is thought to have been named after Sydney Smith an Alderman (1886-91) on Annandale’s first Council and Mayor 1888-9 [Solling & Reynolds 1997: 89, 257, 261]. On the eastern side of the channel, opposite Smith Park, John Victor McMahon Reserve is located on the route of the former Annandale Line tramway. A commemorative plaque records the opening of the reserve on 10 June 1961.

In 2011 the parks discussed above are used in conjunction with Bicentennial Park and popular with walkers and cyclists and for a variety of other recreational uses.

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Railway Viaduct formerly part of the Darling Harbour Goods Line now the Metro Light Rail Viaduct On 21 July 1916 2 roods 23 perches of what was then Federal Park and Jubilee Park was acquired for the construction of a brick railway viaduct to carry a goods line between Darling Harbour Goods Yard and Balmain Goods Yards [Crown Plan Ms1520Sy LPI]. An important part of the metropolitan freight network, the line opened in January 1922 and played a significant role in industrial expansion in the 20th century. The viaduct consisted of ’28 brick arches at 38’ centres, supporting a double track railway line’ [Classification Register 22 Sep 1986 NTA (NSW)]. From at least 1941 some of the arches were enclosed for use by sporting clubs with tenancies administered by the City of Sydney Council and between 1968 and 2003 by Leichhardt Council [NSW Heritage Office Database No 5045444]. The Study Area extends underneath the railway viaduct.

The Railway Viaduct (Photographs 9 and 10) is a significant engineering work and landmark in the Study Area. The structure is the longest section of brick arch viaduct in NSW and the largest to survive. The brickwork arches sit on timber piles driven into the reclaimed land. The viaducts are acknowledged as of State and Local Significance [SHR No 01034 2 Apr 1999]. They are aesthetically important and an ‘integral part of the parklands in which they sit’ [Heritage Office Database No 5045444]. A light rail service opened in 1997 makes use of the railway viaduct, running a passenger service between Central and Lilyfield.

Photograph 9: Railway viaduct now used by the Photograph 11: Railway viaduct crossing the Metro Light Rail Johnston’s Creek Channel

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4.0 Physical Evidence 4.1 Built Environment There are a number of items on the State Heritage Register, City of Sydney LEP and Leichhardt City Council LEP within the Johnston’s Canal area and vicinity. These items are:

 Johnston’s Canal Sewer Aqueduct,  Railway viaduct (Bicentennial Park)/Glebe Viaducts (Jubilee Park/Wentworth Park)  Johnston’s Creek Stormwater Channel No. 55  Annandale (Johnston Street) Underbridge  Glebe Railway Tunnel  Rozelle Tramway Depot Tramsheds (former), (The Crescent, Glebe)  Kirsova Playground (Wigram Road, Glebe)  Rest Park (Minogue Crescent, Glebe)  Jubilee Park (Bicentennial Park)  Federal Park (Bicentennial Park)  Pope Paul VI Reserve (Bicentennial Park)  Bowstring Bridge (Bicentennial Park)  Allen Truss Bridge (Bicentennial Park)  Sandstone retaining wall (Bicentennial Park)  Substation No SPS 4 (Bicentennial Park)  Avenue of Figs (Bicentennial Park)

The items that are to be directly impacted upon by the proposed development are:  Johnston’s Canal Sewer Aqueduct  Railway viaduct/Glebe Viaducts (Jubilee Park/Wentworth Park)

The other structures or places, whilst located in the vicinity of the pathway, will not be impacted upon either physically or visually. The pathway will have a low visual impact within the landscape and will not visually intrude upon the other structures or places.

4.2 Cultural Landscape The shared pathway passes through a number of contiguous parks: Bicentennial Park, Jubilee Park and Federal Park. Federal Park dates to 1899 and was formed to provide a public recreational reserve for the local residents. Jubilee Park was formally opened in 1910 to commemorate 50 years of local government. Bicentennial Park, incorporating Federal ParkandJubileePark,wasformedin1988tocelebratethe200th anniversary of European settlement in Australia.

The parks contain the former tramway sheds, sections of the tram lines, Johnston’s Canal, the sewer aqueduct and the railway viaducts. However, no significant view lines have been identified.

4.3 Archaeological Deposits The background research and site inspection indicate that it is unlikely that the study area contains any historic archaeological remains.

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5.0 Impact 5.1 Built Environment Johnston’s Canal Sewer Aqueduct The proposed shared pathway will extend underneath the Johnston’s Canal Sewer Aqueduct. Lighting is proposed to uplight the aqueduct. The lighting will be installed as part of the pathway and will not be attached to the aqueduct itself. The visual impact of the shared pathway will be minimal and that impact will not be negative. The shared pathway will be constructed from concrete underneath the aqueduct and will not be attached in any way. The uplighting will be installed in the path. The Johnston’s Canal Sewer Aqueduct is listed on the State Heritage Register.

Railway viaduct (Jubilee Park)/Glebe Viaducts (Jubilee Park/Wentworth Park) The proposed shared pathway will continue underneath the Railway viaduct and the existing gravel path will remain. There will be no excavation or change underneath the viaduct. The cement pathway will only extend to either side of the viaduct and the existing gravel path will remain. The visual impact of the pathway will be minimal and that impact will not be negative.

McMahon’s Reserve Tramway Bridge The McMahon’s Reserve Tramway Bridge sits atop extant tram lines. These tram lines are described in the Leichhardt Heritage Study as an item of heritage significance but not listed on the LEP or State Heritage Register. The existing bridge, above the tram lines, will be removed and a new bridge structure will be clamped to the existing tram lines, however no penetration of the tram lines will occur. The tram lines will be painted with anti-corrosion paint in their original colour. The tram lines are to be uplighted with lights that will not be attached to the tram lines. The painting of the tramlines and the installation of the new bridge will improve the visual amenity of the area.

5.2 Cultural Landscape Construction of the proposed shared pathway will not negatively impact upon the cultural landscape. Provision of a shared pathway will enhance the experience of visitors by allowing easier access to historic features within the landscape.

5.3 Archaeological Deposits Construction of the shared pathway will not impact upon any known archaeological deposits.

5.4 Summary of Impact The construction of the proposed shared pathway will have a minimal impact on the study area and items of heritage significance and that will not be a negative impact. The impact will be positive, as it will improve visitor amenities and safety. Visually it will be positive, as it will formalise the differing path constructions and finishes that currently exist in the park and it will formalise the untidy desire lines that exist throughout the park.

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No known or potential archaeological sites were identified within the area proposed for the shared pathway. Therefore there will be no requirement for additional archaeological investigation for this project, nor will an s140 permit be required from the Heritage Council of .

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6.0 Legislation 6.1 Heritage Act 1977 State Heritage Register Under s57 of the Heritage Act a person must not “demolish, despoil, excavate, alter, move, damage or destroy” an item listed on the State Heritage Register without a permit under s60 of the Act.

The proposed shared pathway will pass directly under Johnston’s Canal Sewer Aqueduct and the Glebe Railway Viaduct, which are both listed on the State Heritage Register. However, the works proposed will not “demolish, despoil, excavate, alter, move, damage or destroy” either item. The shared pathway underneath the Johnston’s Canal Sewer Aqueduct will not have a physical or adverse visual impact. The existing gravel path underneath the Glebe Railway Viaduct will not be altered. The cement shared pathway will extend to either side of the Viaduct and will not physically impact upon or underneath the Viaduct and will not provide a negative visual impact.

Therefore, as the project will not directly impact upon either the Johnston’s Canal Sewer Aqueduct or the Glebe Railway Viaduct there will be no need to apply for a s60 permit from the NSW Heritage Council.

Relic Provisions All historical cultural remains over 50 years old are classed as a relic under the Heritage Act 1977. A relic is defined as “any deposit, object or material evidence which relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement and which is 50 or more years old.”

Under Sections 139 and 140 of the Heritage Act 1977, a person may not disturb or excavate land to discover, expose or move a relic without first obtaining the permission of the Heritage Council.

However the background research has indicated that there are no relics located in the area proposed for the shared pathway. Therefore a permit under s140 will not be required.

6.2 City of Sydney LEP 2005 The Sydney Local Environmental Plan (LEP) 2005 protects heritage items which are listed on the LEP’s Schedule 8 “Central Sydney Heritage Items”. Section 68 of the LEP provides protection for heritage items from demolition, damage or removal.

However Section 68(2) states that development consent is not required if the proposed development “is of a minor nature and, ... will not adversely affect the heritage significance of the heritage item concerned”.

Section 74 states that the consent authority “must take into account the impact of the proposed development on the heritage significance of the heritage item” when considering an application for development within the vicinity of a heritage item.

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The proposed works are of a minor nature and will not adversely affect the significance of the Railway Viaduct, Johnston’s Canal Sewer Aqueduct or any of the locally listed heritage items in the vicinity as listed in Section 1.4 of this report. Therefore in respect of cultural heritage, a DA would not be required, nor will it be necessary to refer this application to the Heritage Council of NSW.

6.3 Leichhardt LEP 2000 The Leichhardt Local Environmental Plan (LEP) 2000 protects heritage items which are listed on the LEP’s Schedule 2 “Heritage Items”. Section 16 of the LEP provides protection for heritage items from demolition, damage or removal.

Section 16(1) states that consent is required “for all development on the site of a heritage item”. However , Section 16(2) states that consent must not be granted unless a statement that “describes the significance of the heritage item ... and addresses the extent of the impact of the development on the conservation and heritage significance of the item” has been considered.

Section 16(7) states that consent is required for development in the vicinity of a heritage item unless an “assessment of the effect of the carrying out of that development will have on the heritage significance of the heritage item and its setting as well as on any significant views to and from the heritage items” has been considered.

This document fulfils the requirement of Section 16(2) and Section 16(7).

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7.0 Recommendations The following recommendations are made on the basis of:

 Legal requirements under the terms of the Heritage Act 1977 (as amended);

 Legal requirements under the terms of the Environmental Planning and Assessment Act 1979 in relation to retaining the significance of heritage items on the LEP

 Research into the historical and archaeological record for the general area and the Jackson’s Canal area in particular;

 Results of the assessment as outlined in this report.

IT IS THEREFORE RECOMMENDED THAT: The proposed work will not adversely impact upon the cultural heritage significance of the study area or vicinity. It is also not anticipated that any relics will be disturbed during completion of the works. Therefore, there is no objection in respect of the non-Aboriginal cultural heritage, to the proposed works proceeding. A permit under s60 or s140 of the Heritage Act 1977 will not be required.

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References Books, Directories and Journals Sands’ Sydney & Suburban Directory, John Sands, Sydney.

Cowper, N. & Parsons, V. 1966. ‘George Allen (1800-1877),’ Australian Dictionary of Biography,Vol 1, Melbourne University Press, Carlton, Vic, 5-7.

Keenan, D.R. 1993. The Western Lines of the Sydney Tramway System,TransitPress,Petersham, NSW.

Lawrence, J. [c.1995]. A Pictorial History of Balmain to Glebe, Kingsclear Books, Crows Nest, NSW.

Pike, D. (Gen Ed) 1967. ‘Alexander Brodie Spark (1792-1856),’ Australian Dictionary of Biography, Vol 1, Melbourne University Press, Carlton, Vic, 463-465.

Roberts, A. 2008. Marine Officer, Convict Wife: The Johnstons of Annandale, Annandale Urban Research Association in Assoc with Barbara Beckett Publishing, Balmain and Paddington, NSW.

Solling, M. Grandeur and Grit: a history of Glebe, Halstead Press, Ultimo, NSW.

Solling, M. & Reynolds, P. 1997. Leichhardt: On the Margins of the City: A social history of Leichhardt and the former municipalities of Annandale, Balmain and Glebe, Allen & Unwin, St Leonards, NSW.

Yarwood, A.T. 1967. ‘George Johnston (1764-1823),’ Australian Dictionary of Biography,Vol2, Melbourne University Press, Carlton, Vic, 20-22.

Reports Hudson, G. ‘Urban Catchment Audit: Johnston’s Creek,’ Master of Environmental Studies Report, February 1996, Leichhardt Library Local Studies Collection.

Brassil, A. ‘Former Rozelle Tramway Depot Tramshed, Minogue Crescent, Glebe,’ Classification Report, February 1994, Approved 24 Sep 1997, National Trust of Australia (NSW).

Lembit, R. ‘Jubilee Park, [bounded by] Federal, Northcote and Eglinton Roads,’ Classification Report, 21 Jan 1988, Approved 15 Mar 1989, National Trust of Australia (NSW).

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Save Rozelle Bay Campaign, ‘Railway Viaduct, part of the Glebe Island Darling Island Railway, Glebe/Annandale’ Classification Report, 7 May 1986, Approved 22 Sep 1986, National Trust of Australia (NSW).

Collocott, J. M. ‘Johnston’s Creek Sewer Aqueduct, Hogan Park off Taylor St, Annandale/Glebe,’ Classification Report, July 1987, Approved 2 Nov 1987, National Trust of Australia (NSW).

‘Johnston’s Creek Stormwater Channel No 55,’ Sydney Water Heritage Assets Inventory No 4570348.

Newspapers as cited in the text. Page 45 Statement of Heritage Impact Johnston’s Canal Shared Pathway ATTACHMENT C

Maps and Plans ‘Map of the Parish of Petersham,’ nd, PMap MN04 Id 14072901 LPMI. ‘Plan of Proposed Government Reclamation of Rozelle Bay, Parish of Petersham, County of Cumberland,’ complied and drawn 21 Apr 1890, Crown Plan Ms370Sy, LPI.

Regional Charting Map, Parish of Petersham, County of Cumberland, Drawn [from] 19 May 1971, Revised 26 Sep 2007, LPI.

‘Map of Port Jackson and City of Sydney, showing the adjacent municipalities, NSW,’ James AC Willis, Sydney, 1867, NLA, MAP F 109.

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‘Leichhardt Sheet 8,’ City of Sydney Section, Surveyor Generals Office, Department of Lands, Sydney, 1893, SLNSW.

‘Map of Port Jackson and the City of Sydney shewing Adjacent Municipalities,’ J.A.C. Willis, ML SLNSW Z/M2 811.12/1868/1.

‘Plan of Eglintoun being a portion of the Glebe near Sydney...1841,’ R. Clint, ML SLNSW, Z M2 811.1823/1841/3.

‘Plan of North Annandale... The Sydney Freehold Land Building & Investment Company, Limited,’ Gibbs, Shallard & Co, Sydney nd, ML SLNSW SP A4/29.

‘The Glebe, Parish of Petersham,’ Atlas of the Suburbs of Sydney, Higinbotham and Robinson, 1885, CCSA.

‘Municipality of The Glebe Detail Map,’ Housing Improvement Board of New South Wales: The Glebe Occupational Survey, Mar 1939, CCSA.

Building Survey Detail Sheet No 8, c1956, City Building Surveyor’s Dept, CCSA.

Building Survey Detail Sheet No 4, c1956, City Building Surveyor’s Dept, CCSA.

‘Glebe West Civic Survey,’ Town Planning Branch, City Engineers Dept, Council of the City of Sydney, 1950, CCSA.

‘Department of Public Works – Sewerage Construction - Johnston’s Creek Stormwater Channel Outlet End Through Reclamation, [signed] L David 15/6/97, [signed] ALG Peake 25/6/97,’ Sydney Water, GCONT 160-5.

‘Sydney & Suburbs Stormwater Drainage - Johnstone’s [sic] Creek Stormwater Channel – From Existing Work to Outlet – Amended Details,’ [signed] L David 16/6/97, [signed] AE Cutler 16/6/97,’ Sydney Water, GCONT 160-6.

‘Department of Public Works – Sewerage Construction - Johnstone’s [sic] Creek Stormwater Channel – Foot Bridge Over Channel at 50 chns,’ [signed] L David 30/6/97, [signed] AE Cutler 30/6/97,’ Sydney Water, GCONT 160-4.

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‘Elevation of Johnston’s Creek Aqueduct’ and ‘Detail of Pier and Arch,’ undated drawings, Sydney Water, GCONT 77-11.

Plans, elevations, sections and other construction details titled, ‘Johnstone’s [sic] Creek SW Channel Footbridge Near Balmain Tram Crossing,’ Apr 1929, Shts 1-4, Metropolitan Water Sewerage and Drainage Board, Sydney, Sydney Water, Pindex DC0055, Dwg Nos 499-502, File Names 554335- 554338.

Aerial Survey ‘City of Sydney Aerial Survey,’ AO44, 1949, CCSA.

Electronic Sources ‘Johnstons Creek,’ Geographical Names Board Extract, LPMA, www.gnb.nsw.gov.au, Feb 2011 ‘Glebe Foreshore Park, Glebe,’ History and Archives: Sydney Parks History, Council of the City of Sydney Council, www.cityofsydney.nsw.gov.au/AboutSydney, accessed 3 Feb 2011.

‘Inner City Environmental Revitalisation – Federal Park Tidally Influenced Salt-Marsh Wetland,’ Federal Park Wetland Update, Annandale on the Web, http://www.ramin.com.au/annandale/wetlands.shtml, last updated 25 May 2009.

Illustrations and Photographs Samuel Elyard’s watercolour of ‘Allan’s Bush’ in 1868, in his Collection of Views in NSW, Mitchell Library DGD 15 Vol 4 f 68.

Photographs taken during site Visits 2 Feb and 11 Feb 2011, Comber Consultants Pty Ltd.

ABBREVIATIONS CCSA Council of the City of Sydney Archives CP Crown Plan GNB Geographical Names Board LPI Land and Property Information ML Mitchell Library NLA National Library of Australia nd not dated np not paginated NTA (NSW) National Trust of Australia (NSW) SLNSW State Library of New South Wales SMH Sydney Morning Herald

Page 47 Statement of Heritage Impact Johnston’s Canal Shared Pathway ATTACHMENT C

Photographs

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Page 48 Statement of Heritage Impact Johnston’s Canal Shared Pathway ATTACHMENT C

Photograph 12: Showing the existing desire line alongside Johnston’s Canal between Wigram Road and the tramway bridge. The proposal will formalise the desire line with a safe pathway.

Photograph 13: Showing the desire lines that extend between Wigram Road and the tramway bridge. The proposed shared pathway would formalise the desire line, making it safer and more enjoyable for visitors.

Photograph 14: Showing the bridge over the tram lines. The bridge will undergo some work under the proposal, but the tramlines will not be adversely impacted upon.

Page 49 Statement of Heritage Impact Johnston’s Canal Shared Pathway ATTACHMENT C

Photograph 15: Showing Johnston’s Canal

Photograph 16: Showing the existing pathway alongside Johnston’s Canal between the tramway bridge and Harold Park.

Photograph 17: Showing the existing pathway that extends underneath the Johnston’s Creek Sewer Aqueduct.

Page 50 Statement of Heritage Impact Johnston’s Canal Shared Pathway ATTACHMENT C

Photograph 18: Showing the Johnston’s Creek Sewer Aqueduct

Photograph 19: Showing the existing pathway through between the sewer aqueduct and the Harold Park underpass.

Photograph 20: Showing the Bowstring Bridge which will not be impacted upon by the proposed shared pathway.

Page 51 Statement of Heritage Impact Johnston’s Canal Shared Pathway ATTACHMENT C

Photograph 21: Showing the Harold Park underpass. The pathway through here will be upgraded as part of the current proposal.

Photograph 22: Showing the existing pathway between the Harold Park underpass and the Railway Viaduct.

Photograph 23: Showing the existing pathway alongside the Johnston’s Canal between the Harold Park underpass and the Railway Viaduct. The proposal will formalise the differing pathway constructions improving the visual impact and improving visitor safety.

Page 52 Statement of Heritage Impact Johnston’s Canal Shared Pathway ATTACHMENT C

Photograph 24: Showing the existing desire line between the Harold Park underpass and the Railway Viaduct. The proposal will formalise the desire lines and existing pathways.

Photograph 25: Showing the Railway Viaduct and the pathway that extends underneath the viaduct. The pathway will be formalised under the proposal.

Photograph 26: Showing the desire line that extends under the railway viaduct. The proposed shared pathway will formalise this desire line and improve visitor safety.

Page 53 Statement of Heritage Impact Johnston’s Canal Shared Pathway