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Australian Catholic University Strathfield Campus Proposed New Underground Carpark Historical Archaeological Impact Assessment Location Strathfield; Sydney; NSW. February 2017

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Page 1: Australian Catholic University Strathfield Campus · The Australian Catholic University (ACU) is proposing to construct an underground carpark at Strathfield (Mount Saint Mary) Campus

Australian Catholic University

Strathfield Campus

Proposed New Underground Carpark

Historical Archaeological Impact Assessment

Location Strathfield;

Sydney;

NSW.

February 2017

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Australian Catholic University, Strathfield Campus; Proposed New Underground Carpark: Historical Archaeological Impact Assessment

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Australian Catholic University, Strathfield Campus; Proposed New Underground Carpark: Historical Archaeological Impact Assessment

Prepared for: Donald Cant Watts Corke

on behalf of Australian Catholic University

By: Cosmos Coroneos Caroline Wilby Chris Lewczak

February 2017

Cosmos Archaeology Job Number J16/07 Cover Image: 1933 photograph showing cricket pitch (foreground) handball courts (rear right)

and pavilion (rear left) in the north-western grounds of the Christian Brothers Training College Mount Saint Mary (Source: Anon 1936 “Pavilion and handball courts, 1936.” Christian Brothers Archive, ABH2 02 – reproduced in Weir Phillips (2011).

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Table of Contents

Executive Summary .............................................................................................................. iv  1.0   Introduction ................................................................................................................... 1  

1.1   Background ................................................................................................................. 1  1.2   The study area ............................................................................................................ 2  1.3   Objective of assessment ............................................................................................. 2  1.4   Methodology ............................................................................................................... 3  1.5   Authorship ................................................................................................................... 3  1.6   Abbreviations .............................................................................................................. 3  

2.0   Historical Development of the Study Area ................................................................. 4  2.1   Initial European occupation, St James Church glebe lands – 1823 to 1841 .............. 4  2.2   Occupation by Joseph Hyde Potts and descendants – 1841 to 1880s ....................... 5  2.3   Occupation by John Hinchcliff and the Mount Royal Estate – 1886 to1907 ............... 7  2.4   Occupation by the Congregation of Christian Brothers – 1907 to 1992 .................... 10  2.5   Occupation by the Australian Catholic University – 1993 onwards ........................... 15  

3.0   Site Description ........................................................................................................... 17  4.0   Site Formation and Archaeological Potential .......................................................... 20  5.0   Significance Assessment ........................................................................................... 23  

5.1   Introduction ............................................................................................................... 23  5.2   Evaluation of cultural significance ............................................................................. 23  

6.0   Heritage Listings and Statutory Requirements ........................................................ 28  6.1   Cultural heritage statutory protection – Introduction ................................................. 28  

6.1.1   Commonwealth legislation ................................................................................. 28  6.1.2   NSW Heritage Act 1977 (amended 1999) .......................................................... 28  6.1.3   Environmental Planning & Assessment Act 1979 .............................................. 29  

6.2   Statutory heritage register search ............................................................................. 31  6.2.1   National Heritage List ......................................................................................... 31  6.2.2   NSW State Heritage Register ............................................................................ 31  6.2.3   Strathfield Local Environmental Plan (2012) ...................................................... 32  6.2.4   NSW Section 170 Heritage & Conservation Register ........................................ 32  

6.3   Non-statutory heritage register search ...................................................................... 33  6.3.1   Register of the National Estate .......................................................................... 33  

6.4   Summary of statutory provisions relevant to the study area ..................................... 33  7.0   Proposed Works ......................................................................................................... 34  8.0   Heritage Impact Assessment ..................................................................................... 35  9.0   Conclusion .................................................................................................................. 36  

9.1   Summary of findings ................................................................................................. 36  9.2   Recommendations .................................................................................................... 36  

References ............................................................................................................................ 38  

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Executive Summary The Australian Catholic University (ACU) is proposing to construct an underground carpark at Strathfield (Mount Saint Mary) Campus. As part of the approval process an archaeological assessment is required to determine the likelihood and significance of any archaeological relics in areas proposed for excavation.

This report was prepared by examining historical records specific to the area where the development is proposed to take place and the undertaking of a site inspection. Research determined that the study area remained largely undeveloped until the last decade of the 19th century when it formed part of the wider ‘pleasure grounds’ of the Mount Royal estate. Further development in the form of sporting and recreational facilities took place over the 20th century when the site was occupied by the Christian Brothers.

The variety of identified potential archaeological remains range from landscaping features – such as garden beds, surface and buried drains –to paved and/or stamped earth surfaces associated with the handball courts, cricket pitches and walking paths. However, due to developments that have taken place in the area towards the end of the 20th century, the likelihood of archaeological remains being present is considered low.

The identified potential archaeological remains have Local significance through their ability to contribute to our understanding of the grandeur and aspirations of the creators and occupants of Mount Royal and through their association with sport and recreation, an important aspect of Christian Brothers teaching ethos.

Of the identified archaeological remains that are potentially present, artefacts such as discarded personal possessions and/or domestic refuse associated with the Mount Royal estate could be considered to be relics as defined in the NSW Heritage Act 1977 and a Section 140 permit would be required for these relics to be disturbed/removed. The likelihood of such relics being present is assessed to be very low.

The proposed development will remove any archaeological remains present in the study area. However, taking into consideration the assessed significance of the identified potential archaeological remains and the likelihood of their occurrence, the impact of the proposed development is acceptable should recommended mitigation measures be implemented. These mitigation measures are as follows:

Recommendation 1 Apply for an Exception from the requirement for an excavation permit issued by the Heritage Council of NSW which would otherwise be required under section 139(1) or (2) of the Heritage Act.

The type of Exception to be sought is S139 (1C) on the basis that this assessment has determined that the site has little likelihood of Relics being present. The Section 139(4) Excavation Exception Application form can be obtained at: http://www.environment.nsw.gov.au/resources/heritagebranch/heritage/S139-S146Frm2013.pdf

This report is to be submitted in association with the form.

Recommendation 2 If archaeological remains are uncovered during the course of the construction of the underground carpark, all work is to stop in the vicinity of the find and an archaeologist is to be contacted on how to proceed.

It would be advisable to have a nominated archaeologist prior to the commencement of the construction. So as to reduce delays in the event of the uncovering any archaeological remains, it would also be advisable that the nominated archaeologist prepare for contractors and project management staff archaeological management guidelines focusing on how to recognise archaeological remains and the steps to take when such remains are found.

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1.0 Introduction

1.1 Background The Australian Catholic University (ACU) is proposing to construct an underground carpark at Strathfield (Mount Saint Mary) Campus (Figure 1.1). The proposed carpark forms part of a larger development proposition of which a Concept Plan has been prepared for submission under Part 3A of the Environmental Planning and Assessment Act 1979.

Figure 1.1: Location of ACU Strathfield Campus with approximate location of study area circled in red. (Source: NSW Lands Department, 2016)

As part of a Concept Approval, the proponent, ACU, must engage a suitably qualified historical archaeologist to undertake an archaeological assessment to determine the likelihood and significance of any archaeological relics in areas proposed for excavation.1 This assessment must contain an appropriate research design to guide the archaeological works. Furthermore, the archaeological assessment must be submitted to the Heritage Division, NSW Office of Environment and Heritage, for comment prior to any excavation commencing on the site.

This report fulfils the requirement of the Concept Approval for an archaeological assessment.

1 NSW Government Department of Planning & Environment, 18 June 2015: Concept Approval – Concept Plan for the Australian Catholic University.

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1.2 The study area The study area for this assessment covers the footprint of the proposed underground carpark – the basement itself, the approach ramps and ancillary buildings. See Section 7 for more detail on the type and extent of the proposed works. The footprint covers for the most part an existing playing field on Lot 11 DP 869042 and the extreme western portion of Lot 12 DP 1095571 (Figure 1.2).

Figure 1.2: Location of the study area – in blue with dashed red outline (Source: NSW Lands Department, 2016)

1.3 Objective of assessment The objective of this assessment is to:

determine the likelihood for the presence of archaeological (historical) remains within the development footprint of the proposed underground car park and to provide appropriate mitigation measures to safeguard the assessed cultural heritage significance of the archaeological resource as well as advise on legislative compliance requirements.

This assessment:

• Will assess the potential for only historical archaeological remains

• Will not assess built heritage values as this has been done by Weir Phillips Heritage2

• Will not assess the potential for Aboriginal archaeological remains

• Will only assess the potential for historical archaeological remains within the footprint of the proposed underground car park.

2 Weir Phillips Heritage, February 2016 Australian Catholic University, Strathfield Campus, Proposed New Underground Carpark, 25A Barker Road Strathfield. Prepared for Australian Catholic University

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1.4 Methodology The assessment has been carried out in the following sequence:

1) The presentation of a historical background specific to the study area focusing on activities in the 19th century that would have left a presence in the archaeological record (Section 2). This historical background would utilise archival records such as deposited plans and Crown plans.

2) The findings of a site inspection of the proposed impact area (Section 3). This inspection, in conjunction with the historical background, identifies areas of archaeological potential, as well as areas of disturbance where there would be minimal archaeological potential (Section 4).

3) A listing of all known and potential heritage items, including areas of archaeological potential, within the development footprint and prepare statements of significance as per NSW Heritage Council guidelines (Sections 5 and 6).

4) Prepare an impact assessment identifying all known and potential impacts, including direct and indirect impacts based on the proposed development plans (Sections 7 and 8).

5) Measures to mitigate the impact of the proposed development on the assessed cultural heritage significance of the potential archaeological remains are presented in Section 9 accompanied by heritage legislative compliance requirements.

1.5 Authorship This report has been written by Cosmos Coroneos, with the exception of Section 2, which was researched and written by Caroline Wilby. Chris Lewczak undertook the site inspection on the 21st March (Section 3).

1.6 Abbreviations The following abbreviations are used throughout this report:

• ACU Australian Catholic University

• EPBC Act Environmental Protection and Biodiversity Conservation Act 1999

• LEP Local Environmental Plan

• NHL National Heritage List

• NSW New South Wales

• RNE Register of the National Estate

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2.0 Historical Development of the Study Area

The following section provides a summary historical review of European occupation and land use activities specifically within the current study area in order to contribute to the assessment of archaeological potential. It is not intended to provide a detailed historical background or context to historical occupation across the broader Australian Catholic University Strathfield property; such information is provided in Weir Phillips 2011 Heritage Impact Statement, Australian Catholic University Strathfield Campus, Concept Plan.

2.1 Initial European occupation, St James Church glebe lands – 1823 to 1841

The study area was first subject to European occupation as part of a 450 acre land grant made on the 30th July 1823 to the chaplain of the Anglican Saint James Church, Sydney, as “glebe lands” – i.e. land for agricultural and / or pastoral purposes provided to support a clergyman (Figure 2.1). The practise of granting at least 400 acres of glebe lands to church clergy had been initiated in 1789 under King George III’s instructions to Governor Phillip regarding the establishment of the Sydney colony.3

Figure 2.1: ca. 1820s-1830s Concord parish map showing 450 acre “glebe” grant, with location of study area marked in blue.4

In 1826, the Saint James Church glebe lands came under the management of the newly incorporated Church of England administrative body, the Trustees of the Clergy and School Lands in the Colony of New South Wales. In order to fund future promotion of the Anglican faith in the colony, the Trustees commenced leasing and selling some of the Church’s large reserves of land. The 450 acres of Saint James Church glebe lands were offered for a 21 year transferable lease with the option to purchase in two allotments in December 1827; with one portion of 215 acres fronting Parramatta Road and a second portion of 235 acres fronting Liverpool Road. In February 1828, the leases on both portions were taken up; the Parramatta Road portion by a Mr. Ellis Scott and the Liverpool Road portion by a Mr. William Balcombe.5

3 Bladen, F. M. (ed.) 1978 Historical Records of New South Wales. Volume 1 Part 2, Grenville to Phillip. Lansdown Slattery & Co, Mona Vale, NSW.; NSW Land Titles Office, Torrens Title Primary Application No. 21133. 4 NSW Surveyor General’s Office ca. 1820s-1830s “Concord.” NSW Land & Property Information. 5 Anon 21st December 1827 “Classified Advertising.” The Sydney Gazette and New South Wales Advertiser. Anon 18th February 1828 “Classified Advertising.” The Sydney Gazette and New South Wales Advertiser.

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Clearing of vegetation and subsequent pastoral farming and livestock grazing occurred on both portions of the “glebe lands” during the late 1820s-1830s, and a contemporary parish map further shows an access track passing through the land linking Parramatta and Liverpool Roads (see Figure 2.1). Details of any specific land use activities within the boundaries of the study area, however, are not known.

By the early 1840s, the leases on both Scott and Balcombe’s portions had been either resigned or revoked, and the full 450 acres of Saint James Church glebe lands reverted back to the NSW Trustees of the Clergy and School Lands.

2.2 Occupation by Joseph Hyde Potts and descendants – 1841 to 1880s

In 1841, the Saint James Church glebe lands were again divided into two – this time into a northern portion of 256 acres fronting Parramatta Road and a southern portion of 283 acres fronting Liverpool Road – and offered for sale. On 3rd December 1841, the northern portion (including the study area) was purchased by Mr. Joseph Hyde Potts (Figure 2.2).6

Figure 2.2: ca. 1870s Concord parish map showing 256 acre property of J. H. Potts, with location of study area marked in blue.7

J. H. Potts arrived in Sydney in 1816 and by 1817 had obtained the position of the first employee of the Bank of NSW as clerk and porter. In 1819 he married Miss Emma Bates and by 1825 had risen to the rank of accountant with the bank, earning a significant increase in salary. By the early 1840s, when he purchased the 256 acres of the Saint James Church glebe lands, Potts was a substantial landholder – owning property at Paddy’s Point (later Potts Point) in Sydney, and various tracts of land in Liberty Plains and Concord Parishes.

By 1842, Potts had established farmlands, workers cottages and a family residence on the 256 acre property (all outside the current study area). Various sections of the land were cleared and used for both agricultural and pastoral purposes; however, large areas remained

Burton, W. W. 1840 The State of Religion and Education in New South Wales. J. Cross and Simpkin & Marshall, London, UK. 6 NSW Colonial Secretary’s Office 14th January 1842 “Title Deeds.” The Sydney Herald.; Land Titles Office, Old System Register No. 60, pages 470-474. 7 NSW Surveyor General’s Office ca. 1870s “Parish of Concord, County of Cumberland, Metropolitan Land District, Eastern Division, N.S.W.” NSW Land & Property Information.

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uncleared.8 Specific land use activities within the current study area during this period are unknown.

Potts’ property and farming enterprises were hit hard by the economic depression of the 1840s, however, and he fell heavily into debt. By early 1843, several applications had been made to have Potts’ estate placed under sequestration for the benefit of his creditors. Potts subsequently commenced transferring title of his properties to family members. On the 6th of June 1843, Potts leased the 256 acre property in Concord Parish to Mary Ann Bates, his mother in law, and then relinquished all interest in the land to her the following day. This method of “lease and release” was a formerly common strategy used to convey title of freehold estates quickly to avoid both taxes and potential land seizure.

In September 1843, Potts was declared insolvent. The following month, presumably to raise financial capital, the 256 acre property was sold to Mr. William Dawes and Mr. Thomas Ware Smart; private bankers and the Trustees of Potts’ insolvent estate. The property was subsequently offered for public sale in late 1845; however, was not taken up. In April 1846, it was finally sold back to Mary Ann Bates. It seems by this time Potts’ had largely resolved his financial difficulties for Dawes and Smart were soon after released as Trustees of his estate.9

By the late 1840s, the 256 acre property was once again a working farm commonly documented and referred to as “J.H. Potts estate”, despite the fact that the title continued to be held by Mary Ann Bates.

In 1861, Mary Ann Bates died, having granted her daughter, Emma Potts, and son-in-law, Joseph Potts, a life interest and occupancy of her estate – including the 256 acre property – in her legal will. The will stated, however, that the title to the property was to be held in trust until the deaths of both Joseph and Emma, thus enabling the land to be kept intact for the benefit of Mary Ann’s grandchildren; at which point the property was to be divided equally amongst them. Joseph Potts died in 1865, however, his wife Emma far outlived him and the estate of Mary Ann Bates remained locked against division, sale or mortgage. In the late 1870s, the Potts family petitioned the New South Wales Parliament to override this condition of Mary Ann Bates’ and in 1881, a legislation entitled the Bates Estate Act 1881 was enacted to permit the surviving Trustees – Francis Howard Potts (son of Joseph and Emma Potts) and Donald Fraser (husband of Josephine Elizabeth Harriet Potts, J. H. Potts daughter) – to divide and sell, lease and / or mortgage the estate.

Documents dating to this period of the early 1880s describe the Bates estate – including the 256 acres in Concord Parish – as “unimproved and almost unproductive of income and certain buildings on the land and hereditaments…are becoming dilapidated and almost unproductive and of small and decreasing value.” The Potts family residence, however, where Emma Potts, her son Francis, her daughter Josephine and son-in-law Donald Fraser continued to reside – known as “Hyde Brae” and situated within the 256 acre Concord Parish property but outside the current study area on Coventry Road, Strathfield – was excluded from this description. Again, details of any specific land use activities within the boundaries of the current study area during the 1860s-1880s are unknown.

Once the Bates Estate Act 1881 came into force, the Bates lands – including the 256 acre property – began to be subdivided and offered for sale.10

8 Anon 23rd October 1849 “Court of Petty Sessions, Parramatta.” The Sydney Morning Herald.; Strathfield Historical Society 2012 “Hydebrae – Life as a House.”; State Records of NSW “Colonial Secretary Index; 1788-1825.” 9 Anon 17th August 1843 “Cooper and Holt v. Potts.” The Sydney Morning Herald. Anon 6th September 1843 “New Insolvents.” Australasian Chronicle. Anon 6th August 1846 “Law Intelligence. Supreme Court.” The Australian.; NSW Land Titles Office, Torrens Title Primary Application 21133. 10 Bates Estate Act 1881 – An Act to authorize the Sale Mortgage and Leasing of Certain Lands and Hereditaments devised by the Will of Mary Ann Bates deceased and for other purposes [18th August 1881]; Strathfield Historical Society 2012 “Hydebrae – Life as a House.”

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2.3 Occupation by John Hinchcliff and the Mount Royal Estate – 1886 to1907

The first subdivision and sale of the Potts’ 256 acre Concord Parish property in the location of the current study area occurred in early 1883 when 30 acres 11 perches of vacant land along the northern side of a survey road that would become Barker Road was purchased by tobacco merchants and business partners George Frederick Todman and Wilhelm von der Heyde (Figure 2.3). Title to the property was obtained in 1885 in Todman’s name, however, both Todman and von der Heyde were documented as joint tenants; each having constructed a villa mansion on separate parts of the property (outside the current study area).11

Figure 2.3: 1885 survey of the 30 acres 11 perches of Potts’ estate purchased by Todman and von der Heyde.12

In 1885, Todman and von der Heyde subdivided the 30 acre property into sixteen residential allotments fronting both sides of a surveyed extension of Albert Road and commenced offering portions for sale. The southern portion of the current study area falls within the boundaries of Lot 8 (3 acres 29 perches) of Todman and von der Heyde’s subdivisions (Figure 2.4).

Figure 2.4: 1885 survey of Potts’ estate subdivision, with location of study area marked in yellow.13

Lot 8, DP1601 – described at the point of sale as “vacant land” – was purchased in July 1886 by Alexander Thomson (gentleman), Francis Lindsay Barker (stock and station agent)

11 NSW Land Titles Office, Torrens Title Primary Application 6119, Torrens Title Vol 780, Fol 131 and Vol. 928, Fol 225. 12 NSW Land Titles Office 1886 Torrens Title Vol. 928 Fol. 225. 13 NSW Land Titles Office 1886 Deposited Plan 1601.

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and John Hinchcliff (wool broker); with the land being recorded as “in the occupation of the said John Hinchcliff.” In late 1886-1887, a large residence to be known as “Mount Royal”, designed by architect Harry C. Kent, was constructed in the eastern portion of Lot 8, at the end of Albert Street (outside the current study area). In 1888, Thomson, Barker and Hinchcliff expanded the Mount Royal estate via the purchase of an adjoining allotment – Lot 1, DP57253 (4 acres ½ perch) of “vacant” land situated to the north – from F.H Potts and D. Fraser. This land was also recorded in the transfer documents as being occupied by John Hinchcliff. Much of the southern portion of the current study area falls within this allotment. The northern portion of the study area remained within the Potts’ estate – also described as “vacant” land in 1888 (Figure 2.5)14.

Figure 2.5: 1888 survey of Lot 1 as purchased by Thomson, Barker and Hinchcliff, location of study area marked in yellow.15

By the early 1890s, Mount Royal estate comprised the Mount Royal mansion, a carriage house, stables, laundry, decorate pond and landscaped gardens – all outside the current study area. Land within the study area during this period was part of the broader “pleasure grounds” of the Mount Royal estate. An 1894 survey of the Mount Royal property shows that the only structural features within the study area include sections of;

• boundary fences along the southern, northern and western edges - fronting Barker Road, Edgar Street, and the western extent of the Mount Royal estate respectively

• a roughly east-west fence marking the northern boundary of the Mount Royal estate

• an internal fence running broadly north-south through the Mount Royal estate and separating the main house from the stables and laundry

• a second internal fence running broadly east-west and enclosing the laundry and stables area (Figure 2.6).

Construction details of each separate fence marked are not known, however, several historic documents note that fences within the broader Mount Royal estate during the late 19th century included a combination of timber post and rail fences as well as iron post and rail fences.16

14 NSW Land Titles Office, Torrens Title Vol. 801, Fol. 157 and Vol. 886, Fol 224. 15 NSW Land Titles Office 1886 Deposited Plan 57253 16 Anon 21st December 1897 “Mount Royal Estate.” The Sydney Morning Herald.; Thomas, W. M. 1893 Sheet 44, Strathfield- Field Book No. 2418. Sydney Water Archives File PWDFB2418.

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Figure 2.6: 1894 survey of Mount Royal estate showing structural features within study area (outlined in yellow).17

During his time of residence at Mount Royal, John Hinchcliff continued to operate his Sydney based woolstore “A. Hinchcliff & Sons”, and served as both Alderman (1889-1895) and Mayor of Strathfield (1890 and 1892). The economic depression and collapse of the wool market in the early 1890s, however, caused severe financial loss for A. Hinchcliff & Sons. When Hinchcliff died at Mount Royal in 1895, he was heavily in debt. In 1896, Hinchcliff’s family moved from Mount Royal and the property was leased to schoolmaster W. Stewart Page, who established a boarding house and day school for boys on the site. The school offered “preparation classes for university examinations and commercial pursuits, and preparatory class for little boys.” Advertisements for the “Mount Royal College” published in 1896 describe the Mount Royal mansion as having “open fields on three sides” and “extensive playgrounds.”18

It appears that Mount Royal College was not a success, for in 1897, Mount Royal was leased to Mrs Corston, who opened up the property as a “high-class private boarding establishment” for “visitors” from the country and neighbouring colonies, invalids and families.”19 It seems that Mrs. Cortson’s boarding house was also unsuccessful and in early 1898, the trustees of Hinchcliff’s estate offered the property for sale. The property was not taken up, however, and by 1900 was being leased by businessman W. Milton King. In late 1901, on account of urgent business in Europe, King held a public auction to sell all his furniture, kitchenware, painting, furnishings, numerous vehicles, sadlery and harnesses, a jersey cow, a pony named Dolly and mastiff dog named Cuba, and vacated Mount Royal.20

The Mount Royal estate was subsequently leased, throughout 1903-1904, to the Right Honourable Sir. George Houstoun Reid; Member for Westminster, former Premier of New South Wales (1894-1899) and future Prime Minister of Australia (1904-1905). On becoming Prime Minister, G. H. Reid vacated Mount Royal to move to Melbourne (the seat of Federal Government at the time), and a large auction of furniture, kitchenware, furnishings, garden equipment, vehicles, a carriage horse, pony and cow, were once again held at Mount

17 Thomas, W. M. 1894 Strathfield. Sheet No. 44. Drawn in Detail Survey Branch from Held Notes of Mr. Surveyor W. M. Thomas; Sydney Water Archives File PWDS1544_S1269. 18 W. Stewart Page 4th January 1896 “Mount Royal, Albert-Road, Strathfield.” The Sydney Morning Herald. ; W. Stewart Page 15th February 1896 “Mount Royal College.” The Sydney Morning Herald. 19 Mrs. Corston 10th April 1897 “Mount Royal, Albert-Street, Strathfield.” The Sydney Mail & New South Wales Advertiser. 20 James R. Lawson 19th October 1901 “Auction Sales – Mount Royal.” The Sydney Morning Herald.; James R. Lawson 13th November 1901 “Auction Sales – Mount Royal.” The Sydney Morning Herald.

FENCE

FENCE

FENCE

FENCE

FENCE

FENCE

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Royal.21 Mount Royal estate was once again offered for lease in early 1905, however, this time without success.22

Throughout the period of tenant occupation of Mount Royal during the late 1890s to early 1900s, the estate was variously utilised as a private residence, boys school and private boarding establishment, with landscaped gardens, small numbers of horses and dairy cattle (presumably only for personal use), surrounded by “open fields” “pleasure grounds” and “extensive playgrounds.” It appears that the current study area formed part of these open fields and playgrounds during this period; with the only documented structures being the fences identified on the 1894 survey plan (see Figure 2.6).

The northern portion of the study area – beyond the boundaries of the Mount Royal estate – remained under the ownership of Francis Potts and Donald Fraser; trustees of the Mary Ann Bates estate throughout the 1880s to early 1900s. No evidence of land use within the area during this period has been identified.

2.4 Occupation by the Congregation of Christian Brothers – 1907 to 1992

On 20th December 1907, the Mount Royal estate was purchased by Patrick Jerome Barron, John Cletus O’Shea and William Mark McCarthy of the Congregation of Christian Brothers – Patrick Jerome Barron was at the time the Provincial of the order in Australia. Six days earlier, on 14th December 1907, an allotment to the north (3 acres 72 perches – including the northern portion of the current study area) was purchased from the Trustees of the Mary Ann Bates estate by James Calasanctius Whitty – the Superior General of the Christian Brothers.23

The Congregation of Christian Brothers is an international community within the Catholic Church, focussed primarily on education and evangelisation of youth, founded in Waterford, Ireland in 1802 by (now Blessed) Edmund Ignatius Rice. By the early 1900s, the Congregation of Christian Brothers had expanded throughout Ireland and England, and established schools and houses in Rome, America, Newfoundland, India, New Zealand and Australia – including Melbourne, Brisbane and Sydney. Expansion of the congregation and overcrowding at the existing school and novitiate in Sydney (Lewisham) led to the decision to purchase Mount Royal and extend the Christian Brothers facilities in New South Wales.

The Christian Brothers renamed the Mount Royal estate Mount Saint Mary – under the patronage of the Virgin Mary, and in 1907-1908 commenced a series of alterations and additions; most notably the construction of a two storey wing and chapel design by noted architects John Francis Hennessy and Joseph I. Sheerin. Part of the 1908 additions involved the establishment of sporting facilities in the north-eastern portion of the grounds, including a cricket pitch, a handball court complex and associated pavilion.24 The entirety of the cricket pitch and the north-western corner of the handball court complex falls within the boundaries of the current study area (see Figures 2.7 to 2.12).

21 M. De. Lissa & Co. 20th August 1904 “For Auction Sale – Mount Royal – Strathfield.” The Sydney Morning Herald. 22 Anon 13th May 1905 “Advertising.” The Sydney Morning Herald. Anon 17th August 1905 “Advertising” The Sydney Morning Herald. 23 NSW Land Titles Office, Torrens Title Primary Application 6960, and Torrens Title Vol. 801, Fol. 157 & Vol. 886, Fol 224. 24 The Congregation of Christian Brothers 1908 The Book of Foundations. Cited in Weir Phillips (2011)

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Figure 2.7: 1933 survey of the Christian Brothers Training College Mount Saint Mary, showing study area marked in yellow – with enlargement of handball court complex above.25

The handball complex comprised three courts with cement faced brick walls forming the rear, side and internal dividing walls, and a defined hard playing surface. Dressing rooms, showers and toilets were provided at the rear of the courts (see Figure 2.7). A timber pavilion was erected in the front of the handball court complex, and a low guard rail surrounded the courts and pavilion, dividing the area from the surrounding grounds (see Figure 2.8).

Figure 2.8: 1933 surveyors field book showing detail of the handball courts at the Christian Brothers Training College Mount Saint Mary.26

25 Sherwood, W. C. 1933 Strathfield – Sheet No. 44. Metropolitan Water, Sewerage & Drainage Board. Sydney Water Archives File BLKWTL849. 26 Sherwood, W. C. 1933 Metropolitan Water, Sewerage & Drainage Board, Field Book No. 2924. Sydney Water Archives File DFB2924.

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The cricket pitch (not shown on the 1933 survey) was situated to the north-west of the handball court complex, oriented north-east to south-west, and appears to have been a natural surfaced pitch (Figure 2.9).

Figure 2.9: 1933 photograph showing cricket pitch (foreground) handball courts (rear right) and pavilion (rear left) in the north-western grounds of the Christian Brothers Training College Mount Saint Mary.27

From the late 1910s to mid-1920s, the Christian Brothers substantially expanded the Mount Saint Mary campus though the acquisition of five adjacent allotments, situated predominantly to the east of the former Mount Royal estate (including former Ardross and Ovalau estates); and numerous new constructions, additions and alterations to the Mount Saint Mary complex and facilities were undertaken throughout the 1920s to 1940s. Land within the current study area, however, saw little change; remaining as part of the campus playing fields, including the cricket pitch and handball court complex. By the early 1930s, additional sporting facilities (including handball courts, cricket fields and tennis courts) had been established in the eastern part of the campus grounds and the handball court and cricket pitch on the north-western side (within the study area) became dedicated for specific use by Christian Brothers novices (see Figures 2.10 to 2.11).28

27 Anon 1936 “Pavilion and handball courts, 1936.” Christian Brothers Archive, ABH2 02 – reproduced in Weir Phillips (2011). 28 Anon 26th January 1928 “New Practising School for Christian Brothers opened by The Archbishop.” The Catholic Press. ; Anon 27th September 1937 “Teacher Students. The Christian Brothers. Strathfield Training College.” The Sydney Morning Herald.

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Figure 2.10: 1936 oblique aerial photograph of Christian Brothers Mount Saint Mary campus, facing north-west – with general location of study area marked in yellow.29

Figure 2.11: Key to the 1936 oblique aerial photograph of Christian Brothers Mount Saint Mary campus – with general location of study area marked in yellow.30

Although not marked on the key, the 1936 aerial photograph shows a worn area of field in the north-western extent of the Mount Saint Mary campus – partially within the current study area – that appears to indicate this area was also used as a playing field; likely a football field or similar. Additional unmarked features include small cluster of trees situated beyond

29 Anon 12th November 1936 “Where the Christian Brothers Mould their Teachers. The Story of Mt. St. Mary’s, Strathfield. Wonderful Development of an Australian Novitiate and Training College.” Catholic Freeman’s Journal. 30 Anon 12th November 1936 “Where the Christian Brothers Mould their Teachers. The Story of Mt. St. Mary’s, Strathfield. Wonderful Development of an Australian Novitiate and Training College.” Catholic Freeman’s Journal.

19 – Novices Cricket Field

20 – Novices Handball Courts 22 - Pavilion

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the southern end of the cricket pitch, and a low hedgerow and adjacent pathway at the southern extent of the study area.

Figure 2.12 below shows a 1943 aerial photograph of the Christian Brothers Mount Saint Mary campus, clearly depicting the abovementioned structures and features within the current study area. This photograph further demonstrates that the north-western portion of the campus remained largely unchanged into the mid-20th century.

Figure 2.12: 1943 aerial photograph of Christian Brothers Mount Saint Mary campus, with study area marked in yellow. Note the pavilion is adjacent to the study area – red arrow31

Throughout the 1950s-1960s, a number of further additions and alterations were made to the buildings and facilities at Mount Saint Mary; including the construction of a New Juniorate and Scolasticate and demolition of some of the original buildings in the eastern portion (former Ovalau and Ardross estates). However, little alteration occurred within the north-western part of the grounds within the current study area – as shown in a 1969 oblique aerial photograph (Figure 2.13), save for the absence of the worn playing field patch and cricket pitch, the area appears much the same.

Figure 2.13: 1969 oblique aerial photograph of Christian Brothers Mount Saint Mary campus, with general location of study area marked in yellow.32

31 Adastra Aerial Survey May-June 1943 Commissioned by NSW Main Roads Department; available from NSW Land and Property Information, SIX viewer http://maps.six.nsw.gov.au/ 32 Anon 1969 “Mount Saint Mary College.” Mount Saint Mary College, Strathfield, NSW, Handbook. Image reproduced in Weir Phillips (2011).

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By the early 1970s, the number of students enrolled at Mount Saint Mary was in decline and in 1974, male lay students began to be accepted. In 1975, the Diploma in Primary / Junior Secondary Teaching offered at Mount Saint Mary was approved by the Government as a course in Advanced Education and a further Postgraduate Diploma in Educational Studies was introduced in 1980. In 1981, however, under a series of cost-cutting measures and strategies to push State Governments to take more responsibility for education, the Federal Government announced that a number of specified colleges would receive no further funding unless they amalgamated with other higher education institutions. NSW Catholic Teachers’ College and Polding College were among the institutions nominated for amalgamation, and the Christian Brothers took the opportunity to join the amalgamation and offered the use of Mount Saint Mary under licence, free of charge. The amalgamation was ultimately effected in January 1982 as the Catholic College of Education Sydney.33

Following amalgamation, a number of alterations and upgrades were undertaken at Mount Saint Mary, including conversion of the handball courts, changing rooms and toilets in the north-western portion of the grounds (part within the current study area) into a large storage room and the demolition of the adjacent pavilion in 1983.34

By the mid-1980s, the Mount Saint Mary campus was utilised by the Catholic College of Education to provide a number of day and night undergraduate courses to both male and female students, but had ceased offering boarding facilities. In 1988, the Council of the Catholic College of Education decided to develop the College in order to be able to obtain status as a State University. The main obstacle, however, was the insufficient number of enrolments. It was ultimately determined that four Catholic tertiary institutions from Sydney, Queensland, Victoria and the Australian Capital Territory would combine to seek university status as a single entity and in 1991, the Australian Catholic University was established. The Sydney Archdiocese subsequently commenced negotiations with the Christian Brothers to purchase Mount Saint Mary to be held in trust for the sole use of the Australian Catholic University. In late 1992, the Christian Brothers vacated the property and the official transfer was completed in January 1993.

2.5 Occupation by the Australian Catholic University – 1993 onwards

Major works were undertaken at the Australian Catholic University Strathfield Campus throughout the 1990s, including substantial alterations to existing buildings and the erection of new structures and facilities. However, once again, little change occurred within the current study area in the north-western portion of the grounds. A late 1992 lot survey plan of the property, undertaken as part of the sale of Mount Saint Mary to the Australian Catholic University, shows the majority of the study area marked with “restriction on the use of land & easement for sport & recreation” (Figure 2.14). By the early 2000s, the only alterations within the study area included the removal of the trees and hedgerow seen in the mid-19th century photographs and the establishment of a paved car park in the southern portion of the study area (Figure 2.15). This area has remained fundamentally unchanged since that time.

33 Australian Catholic University 2015 “History of Strathfield Campus.” http://www.acu.edu.au/about_acu/campuses/strathfield/history_of_strathfield_campus 34 Christian Brothers Archives – cited in Weir Phillips (2011)

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Figure 2.14: 1992 lot survey plan showing area marked as restricted for sport and recreation use only (dotted line rectangle marked “R”), with study area marked in yellow.35

Figure 2.15: 2002 aerial photograph with study area marked in yellow.36

35 NSW Land Titles Office 1992 Deposited Plan 827525. 36 Digital Globe 2002 GoogleEarth.

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3.0 Site Description

The study area is dominated by a level playing field which continues eastwards beyond the eastern boundary (Figure 3.1). The western perimeter of the study area follows the allotment boundary where there is a line of trees and other vegetation as well as a concrete dish drain. The south-western and north-western corners are bordered by Barker Road and Edgar Street respectively.

Figure 3.1: Overview of study area – red outline (Source: GoogleEarth)

The ground to the south west where the ACU campus buildings are located is generally level. Barker Road which runs along the southern side of the campus slopes up from the south-western corner of the study area up to a crest at the main entrance into the ACU Campus before sloping down gradually towards to the south-east.

At the south-western corner of the study area the current car park is approximately 1.2 m higher than the level of Barker Road (Figure 3.2). As the surrounding houses along Barker

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Road have been built at street level it would appear that the south-western corner of the campus allotment (the car park area) has been raised to be level with the natural ground levels to the east where the main campus buildings are located.

From the southern side of the campus the ground level slopes down steeply to the north onto the playing fields. The height difference from the ground level where the campus buildings are located down to the playing fields is approximately 1.6 m (Figures 3.3 and 3.4). The slope follows almost the entire southern boundary of the playing fields except for the south west portion of the study area where the car park has been cut into this slope (Figure 3.5).

Figure 3.2: View along Barker Road looking eastwards with the south western carpark of ACU Campus visible to the left of the image. (Source: Cosmos Archaeology)

Figure 3.3: View of higher ground to the south with playing field to right of image. Red and white scale, at base of steps, in 200 mm increments. (Source: Cosmos Archaeology)

Figure 3.4: View of higher ground along southern side of study area. Looking south from northern edge of playing field. Red arrow points to stairs shown in Figure 3.3. (Source: Cosmos Archaeology)

Figure 3.5: View of higher ground and buildings of the ACU Campus, looking to the south east. Car park to the right of image. (Source: Cosmos Archaeology)

The residences located along the western boundary of the campus adjacent to the playing fields are approximately 2 m lower than the playing field ground level (Figure 3.6). The ground level of the houses along the western side of the ACU Campus/playing fields slopes down from the south to the north, with the houses along Barker Road are upslope slightly higher than those houses present on Edgar Street.

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Figure 3.6: Western boundary of study area close to Barker Road. Car park to the left of image. Note the rock rubble in the batter leading down to the dish drain which suggests that the ground level has been raised (Source: Cosmos Archaeology)

In the north western portion of the study area, west of the St Patrick’s College buildings, the ground level from the playing fields drops away down to Edgar Street. The height difference between the current Edgar Street level up to the playing field is approximately 2 m (Figure 3.7). The St Patrick’s College buildings located along the northern boundary of the playing fields have been constructed on benches cut into the slope (Figure 3.8).

Figure 3.7: Ground sloping down towards Edgar Street, looking northwards. (Source: Cosmos Archaeology)

Figure 3.8: Buildings of St Patrick’s College built on benched ground, looking eastwards. (Source: Cosmos Archaeology)

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4.0 Site Formation and Archaeological Potential

The known development history of the study area shows little, if any, activity that took place prior to the late 19th century which would have left a trace in the archaeological record. A track passed by the study area to the east which connected Liverpool and Parramatta Roads in the middle years of the 19th century. No record of any dwellings or other structures are known to have been present in the area around this time. It is unclear at this time whether this area had also been cleared for agricultural or pastoral purposes. As late as 1881 the property within which the study area is located was referred to as being unimproved.

Known development within the immediate vicinity of the study area took place in the last decade of the 19th century with the construction of Mount Royal and the incorporation of the southern portion of the study area into the Mount Royal estate. At the turn of the 20th century the grounds surrounding Mount Royal were described as ‘extensive playgrounds’ with open fields, flower beds, vegetable gardens, lawn and shrubs. How far this ‘playground’ extended into the study area is presently not known. It is documented that water was ‘laid on’ over the grounds which possibly means surface drain lines and buried box drains were installed. Fence lines, most likely of the timber post and rail variety, were also present to delineate the boundary of allotments (Figure 4.1).

A wide ranging series of changes and alterations took place with the transfer of the property to the Christian Brothers in 1907/8. Of those developments relevant to the study area was the construction of the brick walled handball courts (see Figure 2.7 to 2.9). The structure still exists and has been converted into a store.37 The building itself is outside the development envelope though a defined space for spectators to the north of the structure does extend into the footprint. This defined area is likely to have been paved and perhaps later surfaced with concrete. The highly reflective ground surface in the 1943 aerial supports the latter interpretation (Figure 2.12).

A pavilion was constructed in the early 20th century to the north of the handball courts and immediately to the east of the study area (see Figure 2.12). The structure appears to have been built out of timber. A timber post and rail fence surrounded the pavilion at one time.

By the mid-20th century a tree and shrub lined path crossed the southern portion of the study area close to Barker Street. A cricket pitch was also situated midway along the eastern boundary of the study area (see Figure 2.12).

Major works in the 1970s and 80s saw the creation of the car park in the southern part of the study area as well as alterations to the handball court and the removal of the pavilion. It is likely that significant earthworks took place across the study area at this time. Observations of the study area suggest that the current playing field was created by excavating into the gentle slope at the southern end of the study area and using the material to raise the ground level further to the north and west of study area. This suggestion is supported by the recent geotechnical data which shows clay close to the surface (BH 117) for the south and central portion of the playing field with up to 2 m of fill at the northern and western portions of the study area (BH 101, 104 and 116).38

The review of the archaeological potential within the study area will assign potential archaeological remains to three broad time periods, which are as follows:

Phase 1 – 1823 to 1886: From church glebe to the Potts family and descendants.

Phase 2 – 1886 to 1907: Mount Royal estate.

Phase 3 – 1907 to 1992: Occupation by the Christian Brothers.

37 Weir Phillips Heritage, December 2011 Heritage Impact Statement ; Australian Catholic University, Strathfield Campus : Concept Plan : p137 38 Coffey Geotechnics Pty Ltd March 2012 Geotechnical Investigation Australian Catholic University Strathfield Campus, NSW.: Figures 1 and 2

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Figure 4.1: Potential archaeological features with study area outlined in red. Pink shading indicates area with greater likelihood of archaeological remains being present (Source: GoogleEarth)

Based on the above analysis of known cultural activities that have taken place within the study area, a presentation of possible archaeological remains and the likelihood for their presence is provided in the table below. The likelihood for the presence of archaeological remains takes into consideration the recent works created the expanded playing fields and the southern carpark.

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Table 4.1: Possible archaeological remains and likelihood.

Potential archaeological evidence within study area Phase Within study

area Likelihood

Landscaped gardens such as fences, garden beds, surface drains, etc… which could survive in the form of: post holes, brick bordering, brick spoon drains, buried brick drains, brick strip footings and/or stamped earth or brick pavement surfaces

Phase 1 1823 -1886 Phase 2 1886 -1907 Phase 3 1907-1992

n/a South portion South portion

n/a Low Low

Dumps, pits and isolated artefact scatters.

Phase 1 1823 -1886 Phase 2 1886 -1907 Phase 3 1907-1992

All over South portion South portion

Remote Very low Remote

Paths and tracks which could survive in the form of : Packed earth and gravel

Phase 1 1823 -1886 Phase 2 1886 -1907 Phase 3 1907-1992

All over South portion South portion

Remote Low Low

Cultivation and grazing which could survive in the form of : Tree roots, plough lines, drainage ditches.

Phase 1 1823 -1886 Phase 2 1886 -1907 Phase 3 1907-1992

All over n/a n/a

Remote n/a n/a

Recreational facilities associated with cricket, handball and football which could survive in the form of: Stamped earth, concrete strips, post holes…

Phase 1 1823 -1886 Phase 2 1886 -1907 Phase 3 1907-1992

n/a n/a

Southern edge

n/a n/a Low

With respect to potential archaeological remains in the southern portion of the study area, there is slighter greater likelihood of occurrence along the western boundary where there has been a raising of the ground level through the deposition of fill. There is also slighter greater potential of occurrence to the immediate north and west of the former handball courts where there does not appear to have been significant recent ground disturbances.

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5.0 Significance Assessment 5.1 Introduction An assessment of cultural significance or heritage significance seeks to understand and establish the importance or value that a place, site or item may have to select communities and the general community at large. The Australian ICOMOS Charter for the Conservation of Places of Cultural Significance39 (the Burra Charter 1979, most recently revised in 1999), the standard adopted by most heritage practitioners in Australia when assessing significance, defines cultural significance as:

“Aesthetic, historic, scientific or social value for past, present or future generations”

Value may be contained in the fabric of the item, its setting and relationship to other items, the response that the item stimulates in those who value it now, or the meaning of that item to contemporary society.

Accurate assessment of the cultural significance of sites, places and items is an essential component of the NSW heritage assessment and planning process. A clear determination of a site’s significance allows informed planning decisions to be made for a place, in addition to ensuring that heritage values are maintained, enhanced, or at least minimally affected by development. Assessments of significance are made by applying standard evaluation criteria provided by the NSW Office of Environment and Heritage40:

a. An item is important in the course or pattern of NSW’s cultural or natural history (or the cultural or natural history of the local area);

b. An item has strong or special associations with the life or works of a person, or group of persons, of importance in NSW’ cultural or natural history (or the cultural or natural history of the local area);

c. An item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in NSW (or the local area);

d. An item has strong or special associations with a particular community or cultural group in NSW (or the local area) for social, cultural or spiritual reasons;

e. An item has potential to yield information that will contribute to an understanding of NSW’s cultural or natural history (or the cultural or natural history of the local area);

f. An item possesses uncommon, rare or endangered aspects of NSW’s cultural or natural history (or the cultural or natural history of the local area);

g. An item is important in demonstrating the principal characteristics of a class of NSW’s cultural or natural places; or cultural and natural environments.

5.2 Evaluation of cultural significance The following assessment of cultural significance will address only the Mount Royal estate (Phase 2) and Christian Brothers (Phase 3) association with the study area. The church glebe and Pott’s family (Phase 1) associations have not been assessed on account of the remote likelihood of any archaeological remains associated with this period being present in the study area.

The 2011 report by Weir Phillips - Heritage Impact Statement, Australian Catholic University Strathfield Campus, Concept Plan – provides a detailed cultural heritage significance assessment of the site.41 Sections of the Weir Phillips assessment will be presented below in italics where they are relevant to the identified archaeological remains.

39 The Australia ICOMOS 1999 Charter for the conservation of places of cultural significance. 40 NSW Heritage Office (2001) Assessing Heritage Significance 41 Weir Phillips Heritage, December 2011 Heritage Impact Statement ; Australian Catholic University, Strathfield Campus : Concept Plan.; Section 8.7

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a. An item is important in the course or pattern of NSW’s cultural or natural history (or the cultural or natural history of the local area);

The primary significance of the site arises out of its place within a state-wide pattern of Catholic education. This particular site is associated first with the education of Christian Brothers and potential Christian Brothers, later with lay teachers within the Catholic education system and more recently with a wider student body as part of the Australian Catholic University. The association of the site with the Christian Brothers began in 1907 and continued until 1993. For most of this period, the site was the main centre for the Christian Brothers in Australia and New Zealand. The association with the Catholic Church continues.

The site is one of numerous sites across New South Wales that is capable of demonstrating long associations with the Catholic Church, particularly with regard to education. An important part of the Christian Brothers education format is the promotion of sport as a means to develop a cooperative mindset as well as a healthy mind and body.

The site has local historic significance because of its association with the villa mansion Mount Royal, from the mid to late Victorian period, when this part of the Municipality of Strathfield was dominated by the villa mansions of wealthy businessmen and gentleman. These villa mansions represent a distinct period in Strathfield’s history; their owners and occupiers were prominent in early municipal history. The landscaping surrounding these villas were as much as statement of wealth and sophistication as the mansions themselves.

Based on the historical significance of the ACU Campus, archaeological remains associated with the landscaped gardens of the Mount Royal period and the recreational aspects of the Christian Brothers occupation of the site could be considered to have Local significance. All other identified forms of archaeological remains would provide no contribution to the significance of the site based on this criterion. This assessment is summarised in the table below:

Identified archaeological remains Phase 2 1886-1907 Phase 3 1907-1992

Landscaped gardens Local None

Dumps, pits and isolated artefact scatters None None

Paths and tracks None None

Recreational facilities n/a Local

b. An item has strong or special associations with the life or works of a person, or group of persons, of importance in NSW’ cultural or natural history (or the cultural or natural history of the local area);

The most significant association of the site with a person or group of persons under this criterion lies in its association with the Christian Brothers. This association began in 1907 and continued through to 1992 and is manifest in all the buildings on the site erected during their period of tenure and pre-existing buildings, most notably the villa Mount Royal. As the Provincialate for the whole of the order in Australia and New Zealand from 1908 until 1953, when the Province was divided, it is a key site in the history of the order in Australia.

The site has historic associations with John Hinchcliff, for whom Mount Royal was built. Hinchcliff was a Sydney wool broker and twice Mayor of Strathfield; he is representative of the type of man who built a large mansion in Strathfield at this time. Hinchcliff’s occupation of the site is manifest in Mount Royal (part of the Edmund Rice Building), which can be regarded as a symbol of all he had achieved.

The site has a minor historic association with Sir George Reid, Minister for Education in 1883, Premier of NSW 1894-1899, member of the first Federal Parliament in 1901 and Prime Minister in 1904. Sir George occupied Mount Royal briefly, as a tenant, between 1903-1904.

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All the identified forms of archaeological remains for this assessment do not have any direct association with the personages of note who are linked with this site, and as a consequence would provide no contribution to the significance of the site based on this criterion.

c. An item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in NSW (or the local area);

The site, as a whole, contributes to the public domain as one of several large institutional sites in an area otherwise dominated by small lot residential subdivisions. The presence of several substantial buildings of some distinction and mature landscaping means that it makes a positive contribution to the general area.

With regards to the technical and aesthetic characteristics of the ACU Campus, the identified archaeological remains provide no contribution to the significance of the site based on this criterion.

d. An item has strong or special associations with a particular community or cultural group in NSW (or the local area) for social, cultural or spiritual reasons;

As attested to by online materials and published material, the site has significance under this criterion for the current students and graduates of the University and of earlier Colleges on the site. The Christian Brothers maintain an interest in what were their headquarters for over 80 years.

The site also has significance under this criterion for elements of the Strathfield community, such as the Strathfield Historical Society, who have long maintained an interest in it and who have included the site in a variety of publications and guides.

Based on the interest that former students of the earlier Colleges on the site, archaeological remains associated with the recreational aspects of the Christian Brothers occupation of the site could be considered to have Local significance. All other identified forms of archaeological remains would provide no contribution to the significance of the site based on this criterion. This assessment is summarised in the table below:

Identified archaeological remains Phase 2 1886-1907 Phase 3 1907-1992

Landscaped gardens None None

Dumps, pits and isolated artefact scatters None None

Paths and tracks None None

Recreational facilities n/a Local

e. An item has potential to yield information that will contribute to an understanding of NSW’s cultural or natural history (or the cultural or natural history of the local area);

The site is important in understanding the progression of Catholic Education in New South Wales since 1908. At first devoted to the education of the Christian Brothers and potential Christian Brothers, it later became a place of education for lay people as developments in the Church saw the number of Brothers decline and the role of lay people in the mission of the Church increase.

Mount Royal (part of the Edmund Rice Building) is an important reference point in the development of Queen Anne Style architecture in New South Wales. It is regarded by some as the first example of the style to be wholly designed by an Australian born architect. The style would become popular in domestic architecture during the period 1890 to 1919.

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The survival of the villa Mount Royal means that this site is also considered a good example of the Victorian era gentleman’s estates that characterised this part of Strathfield in the latter part of the nineteenth century. Despite the construction of other buildings on the site, some understanding of the extensive grounds that most of these villas once enjoyed remains. The level of intactness of the villa means that it is capable of demonstrating the grandeur and aspirations of this lifestyle.

The identified potential archaeological remains associated with the landscaping and occupation of the Mount Royal estate would contribute to the understanding of the grandeur and aspirations of those who inhabited the site. All other identified forms of archaeological remains would provide no contribution to the significance of the site based on this criterion. This assessment is summarised in the table below:

Identified archaeological remains Phase 2 1886-1907 Phase 3 1907-1992

Landscaped gardens Local None

Dumps, pits and isolated artefact scatters Local None

Paths and tracks None None

Recreational facilities n/a None

f. An item possesses uncommon, rare or endangered aspects of NSW’s cultural or natural history (or the cultural or natural history of the local area);

The site provides a rare example of a site that demonstrates a range of the activities of the Christian Brothers. Unlike for example, Minto, the site was used as ‘head quarters’, novitiate and training college.

Mount Royal provides a rare example of a Queen Anne Style building designed and constructed prior to 1890. The survival of a Victorian villa with two contemporary outbuildings on a large site is rare within the local context. Understanding of the layout of the villa grounds has, however, been compromised by the construction of other buildings and the extensive alterations carried out to its rear.

Given the extent of alterations and construction on the site in the 20th century, identified potential archaeological remains associated with the landscaping and occupation of the Mount Royal estate would be a rare aspect of this site and could make some continuation to its interpretation. All other identified forms of archaeological remains would provide no contribution to the significance of the site based on this criterion. This assessment is summarised in the table below:

Identified archaeological remains Phase 2 1886-1907 Phase 3 1907-1992

Landscaped gardens Local None

Dumps, pits and isolated artefact scatters Local None

Paths and tracks None None

Recreational facilities n/a None

g. An item is important in demonstrating the principal characteristics of a class of NSW’s cultural or natural places; or cultural and natural environments.

The site is one of many sites across New South Wales that is capable of demonstrating a long association with the Catholic Church over a long period. From 1908 until 1992, the site was the headquarters of the Christian Brothers, who have influenced the life of many in New South Wales. The principal buildings of the Christian Brothers period survive; their overall

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integrity is such that they are capable of demonstrating the Brother’s way of life and philosophy.

Mount Royal, part of the Edmund Rice Building, is a fine and early example of a Queen Anne Style villa and is held in high esteem. The way of life enjoyed by wealthy family it was built for is reflected in the quality of the fabric and finishes and in the two surviving out buildings. It is one of few local villas to retain a substantial site.

With regards to demonstrating the principal characteristics of a class of NSW cultural the identified archaeological remains within the ACU Campus provide no contribution to the significance of the site based on this criterion.

STATEMENT OF SIGNIFICANCE The identified archaeological remains associated with the landscaping and occupation of the Mount Royal estate are assessed to be of Local significance on account of their connection with the historic values of the Mount Royal estate as well as to what information they could yield on the grandeur and aspirations of those who created and occupied the estate at the turn of the 20th century.

The identified archaeological remains associated with the recreational facilities during the Christian Brothers period can be considered to be of Local significance in recognition of the role that sport plays in the Christian Brothers education ethos and their connection with former students of the Colleges.

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6.0 Heritage Listings and Statutory Requirements

6.1 Cultural heritage statutory protection – Introduction Cultural heritage in New South Wales (NSW) is protected and managed under a hierarchy of legislation. The following section provides a brief summary of the relevant statutory regulations regarding the current study area.

6.1.1 Commonwealth legislation The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) is the Australian Government's central piece of environmental legislation. It provides a legal framework to protect and manage matters of national environmental significance, including heritage places.

The National Heritage List (NHL) is a list of natural, historic and Indigenous places that are of outstanding heritage significance to Australians and are considered to have National Heritage value. Places on the NHL are recognised and protected under the EPBC Act. Prior to being listed on the NHL, a place is assessed against set criteria by the Australian Heritage Council, which then makes a recommendation to the Minister for the Department of Environment.

Any proposed actions to a National Heritage place which have, will have, or are likely to have, a significant impact on its National Heritage values, must be referred to the Minister. Actions which constitute a significant impact to a National Heritage place are those that will cause:

• one or more of the National Heritage values to be lost; • one or more of the National Heritage values to be degraded or damaged; or, • one or more of the national Heritage values to be notably altered, modified, obscured

or diminished.

The Minister will make a decision as to whether or not the proposed actions constitute a significant impact and require approval under the EPBC Act. If approval is required, an environmental assessment of the proposed development must be carried out.

6.1.2 NSW Heritage Act 1977 (amended 1999) The NSW Heritage Act 1977 is the primary piece of State legislation affording protection to all items of environmental heritage (natural and cultural) in NSW. Under the Act, “items of environmental heritage” include places, buildings, works, relics, moveable objects and precincts identified as significant based on historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic values. Items of identified heritage at a level of State significance are listed on the NSW State Heritage Register and are afforded automatic protection against any activities that may damage an item or affect its heritage significance under the Act.

Relics Provision and Protection In addition to buildings and items listed on the State Heritage Register, various cultural heritage sites, items and archaeological features and deposits are afforded automatic statutory protection by the relics provisions of the NSW Heritage Act 1977. The Act defines ‘relics’ as any item that:

a) relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and

(b) is of State or local heritage significance.

Sections 139 to 145 of the Act prevent the disturbance or excavation of any land if there is a reasonable cause to suspect that a relic will be discovered, exposed, moved, damaged or destroyed, unless an excavation permit has been issued by the Heritage Council of NSW.

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The type of permit that is required depends on whether the relic or relics have been listed on the State Heritage Register.

Infrastructure, such as drains, bridges and kerbing, is known as a 'work'. This term is applied to functioning and often to non-functioning infrastructure. These items are not defined as a relic, and development affecting them can be carried out under a list of Standard Exemptions42 (if listed on the State Heritage Register) or otherwise Standard Exceptions43, without the requirement of a permit. In addition, impacts to the cultural significance of relics assessed to be minor can qualify for an Exception from the requirement for a permit. The significance of the item (whether it is listed on the State Heritage Register or not) and the level of impact determines the requirement to undertake a heritage assessment and proposed suitable mitigation works; however, a permit application is not required.

Management of Heritage Assets by NSW Government Agencies The NSW Heritage Act 1977 also requires all government agencies to identify and manage heritage assets in their ownership and control. Under Section 170 of the Act, government instrumentalities must establish and keep a register entitled the “Heritage and Conservation Register” which includes all items of environmental heritage listed on the State Heritage Register, an environmental planning instrument or which may be subject to an interim heritage order that are owned, occupied or managed by that government instrumentality.

Under Section 170A of the Heritage Act 1977, all government agencies must also ensure that all items entered on its Heritage and Conservation Register are maintained with due diligence in accordance with State Owned Heritage Management Principles approved by the NSW Minister for Infrastructure & Planning on advice of the NSW Heritage Council. These principles serve to protect and conserve the heritage significance of identified sites, items and objects and are based on relevant NSW heritage legislation and statutory guidelines.

6.1.3 Environmental Planning & Assessment Act 1979 The Environmental Planning and Assessment Act 1979 establishes the framework for cultural heritage values to be formally assessed in the land use planning and development consent process. The Act requires that environmental impacts are considered prior to land development; this includes impacts on cultural heritage items and places and archaeological sites and deposits. The Act also requires that Local Governments prepare planning instruments (such as Local Environmental Plans, Development Control Plans) in accordance with the Act to provide guidance on the level of environmental assessment required.

Strathfield Local Environmental Plan (2012) The Strathfield LEP 2012 currently provides planning and development controls for the Council local government area, which includes the subject site. Heritage items are found in Schedule 5 of the LEP. The LEP (Clause 5.10.1) outlines the objectives of the heritage protection within the local government area, which are:

(a) to conserve the environmental heritage of Strathfield,

(b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

(c) to conserve archaeological sites,

(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.

Clause 5.10(2) lists requirements for consent, as development consent is required for:

(a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):

42 NSW Heritage Council 2009 http://www.environment.nsw.gov.au/resources/heritagebranch/heritage/StandardExemptions.pdf 43 NSW State Government, 6th August 2008 SCHEDULE OF EXCEPTIONS TO SUBSECTIONS 139 (1) AND (2) OF THE HERITAGE ACT 1977 MADE UNDER SUBSECTION 139 (4) http://www.environment.nsw.gov.au/resources/heritagebranch/heritage/gazette.pdf

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(i) a heritage item,

(ii) an Aboriginal object,

(iii) a building, work, relic or tree within a heritage conservation area,

(b) altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 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,

Consent is not required in some circumstances, such as if (Clause 5.10[3]):

(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:

(i) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

(ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or

(b) the development is in a cemetery or burial ground and the proposed development:

(i) is the creation of a new grave or monument, or excavation of disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods or to an Aboriginal place of heritage significance, or

(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is at risk to human life or property, or

(d) the development is exempt development.

Clauses 5.10(4) to 5.10(6) explain that the consent authority may 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 significance of the heritage item or heritage conservation area concerned. After considering the heritage significance of a heritage item and the extent of change proposed to it, the consent authority may require the submission of a heritage conservation management plan before granting consent.

In the case of consent granted for the demolition of a State heritage item, the consent authority must notify the Heritage Council about the application and take into consideration

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any response received from the Heritage Council within 28 days after the notice is sent (Clause 5.10[9]).

Clause 5.10(10) explains that the consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that:

(a) the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and

(b) the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and

(c) the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and

(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and

(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

6.2 Statutory heritage register search In NSW there are four types of statutory listings for cultural heritage sites, objects and places:

• National Heritage List;

• State listing on the NSW Heritage Council State Heritage Register;

• Local Environmental Plan (LEP); and,

• Section 170 Heritage and Conservation Register.

6.2.1 National Heritage List The National Heritage List is a register of natural and cultural places with outstanding heritage significance to the Australian nation. Each entry to the National Heritage List is assessed by the Australian Heritage Council as having exceptional heritage value and is protected under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. The Act requires that approval is obtained from the Australian Government Minister for the Environment Protection, Heritage and the Arts before any action takes place that has, will have, or is likely to have, a significant impact on the national heritage values of a listed place.

No part of the ACU Strathfield Campus is listed on the National Heritage List.

6.2.2 NSW State Heritage Register The State Heritage Register is a statutory list of places and items of State heritage significance made by the Minister for Planning. The Register lists a diverse range of places, including archaeological sites, that are particularly important to the State and which enrich our understanding of the history of NSW.

Places and items listed on the Register are legally protected under the NSW Heritage Act 1977 and approval is required from the Heritage Council of NSW prior to undertaking work that results in their alteration or modification.

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The Mount St Mary Campus has been recently listed on the State Heritage Register. The development footprint for the proposed car park is not located within the curtilage for this listing (Figure 6.1).

Figure 6.1: Curtilage map for the Mount St Mary Campus State Heritage Register listing.

6.2.3 Strathfield Local Environmental Plan (2012) Identified items of cultural heritage significance are listed in Schedule 5 Part 1 of the Strathfield LEP (2012). Each item in this list is subject to protection under the planning and development controls of the LEP.

Items included on the Strathfield LEP (2012) and located in the ACU Strathfield Campus are:

• ‘Australian Catholic University, Strathfield Campus (includes former “Mount Royal”)—various buildings and landscape.’ The address is: No. 25A Barker Road (formerly 179 Albert Road). The listing boundary is: Lot 11, DP 869042. The level of significance is Local

• ‘St Patrick’s College—Brother Hickey Building’. The address is: No. 2 Edgar Street. The listing boundary is: Lot 12, DP 1095571. The level of significance is Local.

6.2.4 NSW Section 170 Heritage & Conservation Register The Heritage & Conservation Registers are established in accordance with Section 170 of the NSW Heritage Act (1977) in order to record all the heritage items in the ownership or under the control of government agencies and to assist in total asset management by providing information on assets which have identified heritage significance. The Register has been prepared in accordance with the NSW Heritage Office guidelines and corresponds with information in the State Heritage Inventory, as managed by the NSW Heritage Office.

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No part of the ACU Strathfield Campus is included on any Section 170 Heritage and Conservation Registers.

6.3 Non-statutory heritage register search

6.3.1 Register of the National Estate The Register of the National Estate (RNE) is a non-statutory listing of natural and cultural heritage places that are considered special to Australians and worth keeping for the future. The register was initiated by the Australian Heritage Commission in 1976 and now contains over 13,000 places across Australia. The RNE is now maintained by the Australian Heritage Council, however, in 2006, the Environment Protection and Biodiversity Conservation Act 1999, and the Australian Heritage Council Act 2003 were amended to, among other things, stop changes to the RNE. The Australian Heritage Council can no longer add to, alter, or remove all or part of a place from an RNE listing.

Listing on the RNE was a way of identifying and providing information on Australia’s heritage places and publicly confirmed their value to the community. Places on the RNE may be protected under appropriate States, Territories and Local Governments heritage legislation and under an agreement between the Commonwealth and States and Territories it is intended that registered places will be considered for inclusion in appropriate Commonwealth, State / Territory heritage lists. Registered places can also be protected under the EPBC Act if they are also included in another Commonwealth statutory heritage list. However, the act of listing a place on the RNE does not constitute automatic legal protection. Notwithstanding, the RNE is widely recognised as an authoritative compilation of the heritage significance of many of Australia’s natural and cultural places and is still considered by planning agencies when decisions regarding development and conservation are being determined.

No part of the ACU Strathfield Campus is listed on, or associated with any other listing present on the Register of National Estate heritage listing.

6.4 Summary of statutory provisions relevant to the study area

EPBC Act (1999) NSW Heritage Act (1977)

Environmental Planning and Assessment Act

(1979)

National Heritage List

State Heritage Register

S170 Heritage and Conservation Register Strathfield LEP (2012)

ACU Strathfield Campus Q R

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7.0 Proposed Works It is proposed that an underground carpark is to be constructed within the defined development footprint (Figure 7.1). The carpark basement is to be comprised of two levels and will measure approximately 100 m from north to east and 90 m from east to west.

Figure 7.1: Relevant portion of proposed location of the underground carpark with road entries from Edgar Street and Barker Road. Hatched area is where excavation is proposed and dark grey areas is where demolition is proposed. Red dashed outline borders the extent of the ground impacts.44

44 brewster hjorth architects 21st November 2016 A11 Proposed Site Plan, ACU Strathfield Campus: Rev – Issued for DA. Prepared for Australian Catholic University.

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The carpark will be accessed from two new driveways, the main entry being from Barker Road and the other from Edgar Street to the north. Two additional access points for pedestrians will be located near the former handball courts (west of ‘H Block’ in Figure 7.1) on the ACU Campus and a northern entrance near the changing rooms on the St. Patrick’s College Campus.

The proposed works, those relevant to impacting potential archaeological remains, will also involve the removal of part of the existing carpark in the south western corner of the ACU Main Campus and part of the bank that leads from the rear of the ACU Campus buildings onto the playing fields.

8.0 Heritage Impact Assessment The proposed construction of the underground car park will remove any archaeological remains within the development footprint. These remains have been identified in Section 4 and their significance has been assessed in Section 5.

There is a low likelihood that archaeological remains are to be encountered during the works, with the western boundary of the study area and the area immediately to the north and west of the handball courts being the more likely places where such remains may have survived. These remains have been assessed to be of Local significance with evidence of landscaping and occupation during the Mount Royal period (1886 to 1907) having potential to add information on this period that could not be obtained through available documentary records.

Based on this understanding the proposed impacts are considered acceptable with suitable mitigation. These mitigation measures are presented in Section 9.2 of this report.

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9.0 Conclusion

9.1 Summary of findings The findings of this report can be summarised as follows:

• The study area remained largely undeveloped until the last decade of the 19th century when it formed part of the wider ‘pleasure grounds’ of the Mount Royal estate;

• Further development in the form of sporting and recreational facilities took place over the 20th century when the site was occupied by the Christian Brothers;

• The variety of identified potential archaeological remains range from landscaping features such as garden beds, surface and buried drains to paved and/or stamped earth surfaces associated with the handball courts, cricket pitches and walking paths;

• Due to developments that have taken place in the area towards the end of the 20th century, the likelihood of archaeological remains being present is considered low;

• The identified potential archaeological remains have Local significance through their ability to contribute to our understanding of the grandeur and aspirations of the creators and occupants of Mount Royal and through their association with sport and recreation, an important aspect of Christian Brothers teaching ethos;

• The proposed development is not located within the curtilage of the State Heritage listed portion;

• Of the identified archaeological remains that are potentially present, artefacts such as discarded personal possessions and/or domestic refuse associated with the Mount Royal estate could be considered to be relics as defined in the NSW Heritage Act 1977 and a Section 140 permit would be required for these relics to be disturbed/removed. The likelihood of such relics being present is assessed to be very low;

• The proposed development will remove any archaeological remains present in the study area;

• Taking into consideration the assessed significance of the identified potential archaeological remains and the likelihood of their occurrence, the impact of the proposed development is acceptable should recommended mitigation measures be implemented.

9.2 Recommendations

Based on the findings of this historical archaeological impact assessment the following recommendations are provided.

Recommendation 1 Apply for an Exception from the requirement for an excavation permit issued by the Heritage Council of NSW which would otherwise be required under section 139(1) or (2) of the Heritage Act.

The type of Exception to be sought is S139 (1C) on the basis that this assessment has determined that the site has little likelihood of Relics being present. The Section 139(4) Excavation Exception Application form can be obtained at: http://www.environment.nsw.gov.au/resources/heritagebranch/heritage/S139-S146Frm2013.pdf

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This report is to be submitted in association with the form.

Recommendation 2 If archaeological remains are uncovered during the course of the construction of the underground carpark, all work is to stop in the vicinity of the find and an archaeologist is to be contacted on how to proceed.

It would be advisable to have a nominated archaeologist prior to the commencement of the construction. So as to reduce delays in the event of the uncovering any archaeological remains, it would also be advisable that the nominated archaeologist prepare for contractors and project management staff archaeological management guidelines focusing on how to recognise archaeological remains and the steps to take when such remains are found.

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References Archival newspapers Anon 21st December 1827 “Classified Advertising.” The Sydney Gazette and New South Wales

Advertiser.

Anon 18th February 1828 “Classified Advertising.” The Sydney Gazette and New South Wales Advertiser.

Anon 17th August 1843 “Cooper and Holt v. Potts.” The Sydney Morning Herald.

Anon 6th September 1843 “New Insolvents.” Australasian Chronicle.

Anon 6th August 1846 “Law Intelligence. Supreme Court.” The Australian.

Anon 23rd October 1849 “Court of Petty Sessions, Parramatta.” The Sydney Morning Herald.;

Anon 21st December 1897 “Mount Royal Estate.” The Sydney Morning Herald.;

Anon 13th May 1905 “Advertising.” The Sydney Morning Herald. Anon 17th August 1905 “Advertising” The Sydney Morning Herald.

Anon 26th January 1928 “New Practising School for Christian Brothers opened by The Archbishop.” The Catholic Press.

Anon 27th September 1937 “Teacher Students. The Christian Brothers. Strathfield Training College.” The Sydney Morning Herald.

Anon 12th November 1936 “Where the Christian Brothers Mould their Teachers. The Story of Mt. St. Mary’s, Strathfield. Wonderful Development of an Australian Novitiate and Training College.” Catholic Freeman’s Journal.

Mrs. Corston 10th April 1897 “Mount Royal, Albert-Street, Strathfield.” The Sydney Mail & New South Wales Advertiser.

James R. Lawson 19th October 1901 “Auction Sales – Mount Royal.” The Sydney Morning Herald.

James R. Lawson 13th November 1901 “Auction Sales – Mount Royal.” The Sydney Morning Herald.

M. De. Lissa & Co. 20th August 1904 “For Auction Sale – Mount Royal – Strathfield.” The Sydney Morning Herald.

NSW Colonial Secretary’s Office 14th January 1842 “Title Deeds.” The Sydney Herald.;

W. Stewart Page 4th January 1896 “Mount Royal, Albert-Road, Strathfield.” The Sydney Morning Herald.

W. Stewart Page 15th February 1896 “Mount Royal College.” The Sydney Morning Herald.

Archival photographs Adastra Aerial Survey May-June 1943 Commissioned by NSW Main Roads Department; available

from NSW Land and Property Information, SIX viewer http://maps.six.nsw.gov.au/

Anon 1936 “Pavilion and handball courts, 1936.” Christian Brothers Archive, ABH2 02 – reproduced in Weir Phillips 2011.

Anon 12th November 1936 “Where the Christian Brothers Mould their Teachers. The Story of Mt. St. Mary’s, Strathfield. Wonderful Development of an Australian Novitiate and Training College.” Catholic Freeman’s Journal.

Anon 1969 “Mount Saint Mary College.” Mount Saint Mary College, Strathfield, NSW, Handbook. Image reproduced in Weir Phillips 2011.

Archival maps and plans NSW Surveyor General’s Office ca. 1820s-1830s “Concord.” NSW Land & Property Information.

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NSW Surveyor General’s Office ca. 1870s “Parish of Concord, County of Cumberland, Metropolitan Land District, Eastern Division, N.S.W.” NSW Land & Property Information.

Sherwood, W. C. 1933 Strathfield – Sheet No. 44. Metropolitan Water, Sewerage & Drainage Board. Sydney Water Archives File BLKWTL849.

Sherwood, W. C. 1933 Metropolitan Water, Sewerage & Drainage Board, Field Book No. 2924. Sydney Water Archives File DFB2924.

Thomas, W. M. 1893 Sheet 44, Strathfield- Field Book No. 2418. Sydney Water Archives File PWDFB2418.

Thomas, W. M. 1894 Strathfield. Sheet No. 44. Drawn in Detail Survey Branch from Held Notes of Mr. Surveyor W. M. Thomas; Sydney Water Archives File PWDS1544_S1269.

Land Titles documents NSW Land Titles Office, Old System Register No. 60, pages 470-474.

NSW Land Titles Office, Torrens Title Primary Application 21133.

NSW Land Titles Office, Torrens Title Primary Application 6119, Torrens Title Vol 780, Fol 131 and Vol. 928, Fol 225.

NSW Land Titles Office, Torrens Title Primary Application 6960, and Torrens Title Vol. 801, Fol. 157 & Vol. 886, Fol 224.

NSW Land Titles Office, Torrens Title Vol. 801, Fol. 157 and Vol. 886, Fol 224.

NSW Land Titles Office 1886 Torrens Title Vol. 928 Fol. 225.

NSW Land Titles Office 1886 Deposited Plan 1601.

NSW Land Titles Office 1886 Deposited Plan 57253

NSW Land Titles Office 1992 Deposited Plan 827525.

Legislation Bates Estate Act 1881 – An Act to authorize the Sale Mortgage and Leasing of Certain Lands and

Hereditaments devised by the Will of Mary Ann Bates deceased and for other purposes [18th August 1881].

Secondary sources Australian Catholic University 2015 “History of Strathfield Campus.”

http://www.acu.edu.au/about_acu/campuses/strathfield/history_of_strathfield_campus

Bladen, F. M. ed. 1978 Historical Records of New South Wales. Volume 1 Part 2, Grenville to Phillip. Lansdown Slattery & Co, Mona Vale, NSW.; NSW Land Titles Office, Torrens Title Primary Application No. 21133.

brewster hjorth architects 21st November 2016 A11 Proposed Site Plan, ACU Strathfield Campus: Rev 2. Prepared for Australian Catholic University.

Burton, W. W. 1840 The State of Religion and Education in New South Wales. J. Cross and Simpkin & Marshall, London, UK.

Coffey Geotechnics Pty Ltd March 2012 Geotechnical Investigation Australian Catholic University Strathfield Campus, NSW. Prepared for Hassell

Congregation of Christian Brothers, The 1908 The Book of Foundations. Cited in Weir Phillips 2011.

NSW Government Department of Planning & Environment, 18 June 2015: Concept Approval – Concept Plan for the Australian Catholic University.

NSW Heritage Branch, 2000 Schedule of General exceptions;

NSW Heritage Office, 2001 Assessing Heritage Significance

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NSW Heritage Branch, 2006 Standard Exceptions for Works Requiring Heritage Council Approval.

NSW Heritage Branch, 2006 Schedule of Additional Exceptions.

NSW Heritage Council 2009 http://www.environment.nsw.gov.au/resources/heritagebranch/heritage/StandardExemptions.pdf

NSW State Government, 6th August 2008 SCHEDULE OF EXCEPTIONS TO SUBSECTIONS 139 (1) AND (2) OF THE HERITAGE ACT 1977 MADE UNDER SUBSECTION 139 (4) http://www.environment.nsw.gov.au/resources/heritagebranch/heritage/gazette.pdf

Strathfield Historical Society 2012 “Hydebrae – Life as a House.”; State Records of NSW “Colonial Secretary Index; 1788-1825.”

Weir Phillips Heritage, December 2011 Heritage Impact Statement ; Australian Catholic University, Strathfield Campus : Concept Plan. Prepared for Australian Catholic University

Weir Phillips Heritage, February 2016 Australian Catholic University, Strathfield Campus, Proposed New Underground Carpark, 25A Barker Road Strathfield. Prepared for Australian Catholic University