Draft Schedule 6 Lowes Creek Maryland Precinct · 10 Schedule 6 Lowes Creek Maryland Precinct |...

Development Control Plan

September 2018

Draft Schedule 6

Lowes Creek

Maryland Precinct

2 Schedule 6 Lowes Creek Maryland Precinct| September 2018

September 2018

© Crown Copyright, State of NSW through its Department of Planning and Environment 2018

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Contents

Part 1 - Introduction 5

1.1 Name and application of this Schedule 6

1.2 Structure of this Schedule 6

Part 2 – Development planning and design 8

2.1 Lowes Creek Maryland Precinct – Precinct Planning vision 9

2.2 Referenced Figures 9

2.3 Road Network 24

2.4 Public Transport 31

2.5 Pedestrian and Cycle Networks 32

2.6 Open Space and Recreation Network 32

2.7 Indigenous Heritage 39

2.8 Odour 39

2.9 Noise 40

2.10 Salinity 41

2.11 Contamination 41

2.12 Biodiversity and Riparian 42

2.13 Bushfire 43

Part 3 – Centres Development Controls 44

3.1 The Maryland Estate Local Centre 45

Part 4 – Site Specific Controls 49

4.1 Birling 1812 50

4.2 Birling 1937 52

4.3 Maryland Estate 53


Figures

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Tables

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Part 1 - Introduction


1.1 Name and application of this Schedule

This Schedule forms part of the Camden Growth Centre Precincts Development Control Plan (also

referred to as ‘the DCP’).

This Schedule applies to all development on the land in the Lowes Creek Maryland Precinct shown in

Figure 1. This Schedule and related amendments to the DCP give effect to the provisions of this DCP

for land within the Lowes Creek Maryland Precinct as shown on the Land Application Map.

1.2 Structure of this Schedule

This Schedule should be read in conjunction with the main body of the DCP and is in addition to the

main body of the DCP. In the event of an inconsistency between this Schedule and the main body of

this DCP, this Schedule takes precedence. Table 1 summarises the structure of Schedule 6 Lowes

Creek Maryland Precinct.

Table 1 Structure of this Schedule

1 – Introduction Identifies the land to which this Schedule applies.

2 – Development

Planning and Design

Establishes an overall vision and Indicative Layout Plan for the Lowes

Creek Maryland Precinct. Provides Precinct specific figures that

support the controls in Part 2 and Part 3 of the main body of the DCP

in relation to the Lowes Creek Maryland Precinct.

3 – Centres

Development Control

Provides specific objectives and controls that apply to land within the

Local Centre identified on the ILP for the Precinct. These controls are

in addition to those in Part 5 of the DCP.

4 – Site Specific

Controls

Specific objectives and controls for development in certain parts of the

Precinct, including Birling 1812, Birling 1937, Maryland Estate,

Highway Services, Bulky Goods and Mixed-use areas.

Additional notes to readers are provided throughout this document. These notes are not part of the

formal provisions of the DCP but are intended to provide additional guidance and explanation of the

provisions. If further guidance is required on the interpretation of provisions in the DCP, readers

should refer to the definitions or contact Camden Council for advice.


Figure 1 Land Application Map

Part 2 – Development planning and design

9 Schedule 6 Lowes Creek Maryland Precinct | September 2018

Note: This section supports the objectives and controls in Part 2 of the DCP.

2.1 Lowes Creek Maryland Precinct – Precinct Planning vision

The vision for the Lowes Creek Maryland Precinct is for a range of housing types to meet the needs of

a well-connected and diverse community, supported by local facilities and infrastructure, in a manner

that responds to the unique characteristics of the Precinct. These characteristics include waterways

and landforms associated with Lowes Creek and the historically significant Birling and Maryland

estates.

The landscape setting of the Maryland homestead and grounds, its associated outbuildings, and

historic driveways, will be respected and interpreted within the development layout. The proximity of

the Maryland estate’s outbuildings next to the local centre will reinforce this area as the main

community focus, offering opportunities for small-scale retail, commercial and social infrastructure to

meet local needs.

Lowes Creek will be an important green corridor that integrates biodiversity, water management and

passive recreational values, and will present a considerable amenity resource for the community.

Where possible, remnant vegetation will be retained in public parks. Selected parks have been

positioned to take advantage of view corridors to the Birling and Maryland heritage areas.

The Precinct will be an integral part of the Camden local government area and the South West Growth

Area. It will be linked to surrounding suburbs and major regional destinations such as the future

Western Sydney Airport, regional centres of Liverpool and Campbelltown, and the Western Sydney

Parklands.

2.2 Referenced Figures

The figures included in this section are those referenced in Part 2 Precinct Planning Outcomes,

and Part 3 Neighbourhood and Subdivision Design, of the DCP as indicated in Table 2.

Table 2 Referenced figures

Figure 2 Indicative Layout Plan 2.2 The Indicative Layout Plan

Figure 3 Flood prone land 2.3.1 Flooding

Figure 4 Key elements of the water cycle

management and ecology strategy

2.3.2 Water cycle management

2.3.5 Native vegetation and ecology


3.3.1 Layout and design

Figure 5 Areas of potential salinity risk 2.3.3 Salinity and soil management

Figure 6 Indigenous cultural heritage 2.3.4 Aboriginal and European heritage

Figure 7 European cultural heritage 2.3.4 Aboriginal and European heritage

Figure 8 Bushfire risk and Asset Protection Zone

(APZ) requirements

2.3.6 Bushfire hazard management

Figure 9 Geotechnical constraints 2.3.7 Site contamination

Figure 10 Noise – indicative offset distances 2.3.9 Noise

Figure 11 Odour 2.3.10 Odour

Figure 12 Residential structure 3.1.1 Residential density

Figure 13 Precinct road hierarchy 3.3.1 Layout and design

3.3.6 Access to arterial roads, sub-arterial

roads and transit boulevards

Figure 14 Pedestrian and cycle network 3.3.4 Pedestrian and cycle network


Figure 2 Indicative Layout Plan


Figure 3 Flood prone land


Figure 4 Key elements of the water cycle management and ecology strategy


Figure 5 Potential salinity risk


Figure 6 Indigenous cultural heritage


Figure 7 European cultural heritage


Figure 8 Bushfire risk and APZ requirements


Figure 9 Geotechnical constraints


Figure 10 Noise - Indicative offset distances


Figure 11 Odour


Figure 12 Residential structure


Figure 13 Precinct road hierarchy


Figure 14 Pedestrian and cycle network


2.3 Road Network

Note: A number of road sections have been prepared to address heritage view lines and the

interface of adjacent urban land uses to the heritage sites. Cross sections are included below and

specific controls are detailed in Part 4 of this DCP schedule. The location within the Precinct of

each cross section can be seen in Figure 15 below.

Figure 15 Proposed Road Sections


Objectives

a. To create a safe and permeable road network that caters for pedestrians, cyclists and

vehicles.

b. To address the interface of adjacent land uses.

c. To protect and suitably treat the perimeter and view lines of significant heritage sites.

Controls

Collector roads

1. Collector road which wrap around the school and provide access to highway services and

bulky goods sites (see section 1 in Figure 15) are to provide bus and heavy vehicle access to

the areas, in accordance with Figure 16 below.

Figure 16 Bus capable road - school access


2. Collector roads fronting the Maryland Estate (see section 2 in Figure 15) should be designed

in accordance with Figure 17 below. The collector road section allows a greater setback to the

side fronting the Maryland Estate heritage curtilage.

Figure 17 Collector road at Maryland Estate Heritage Curtilage edge

3. The collector road situated between the two mixed use sites (see section 3 in Figure 15) is to be

designed according to Figure 18 below. This road section is to maintain a view line between The

Northern Road and the Maryland Estate and knoll.

Figure 18 Maryland entry avenue


Local Roads

4. The local road between the Maryland Homestead and Home Farm (see section 4 in Figure 15)

connecting to the local centre must be designed in accordance with Figure 19 and Figure 20 to

minimise impacts on the heritage items and allow for safe public access between the two sites.

5.

5. Footpaths should be of a visually recessive material (e.g. bitumen) rather than bright concrete

offering maximum contrast with the rural edge.

6. The parking in Figure 19 and Figure 20 will need to be removed around the convergence of the

historic lower estate road bench for it to be accommodated while continuing the footpath.

Figure 19 Local road section between Maryland Homestead and Home Farm


Figure 20 Design detail at Pedestrian Crossing to Home Farm

7. Local roads between the Maryland Estate and residential areas (see section 5 in Figure 15) are

to be designed in accordance with Figure 21.

Figure 21 Local road section between Maryland estate and residential

8. Local road between the local centre and open space (see section 6 in Figure 15) is to be

designed according to Figure 22. This road section design is to maintain a view line between

Birling 1937 and the Maryland Estate and knoll.


Figure 22 Local road section between town centre and open space

9. The local road within the Maryland Estate heritage curtilage between the Maryland Homestead

and the local open space (see section 7 in Figure 15) is to be designed in accordance with

Figure 23. This is to minimise impacts within the heritage curtilage whilst allowing for access

and circulation within the Precinct.

Figure 23 Local road section along Maryland Ridge Scenic Road


10. The southern heritage drive within the Maryland Estate curtilage (see section 8 in Figure 15) is

to be preserved in accordance with Figure 24 and Figure 25 in order to minimise impacts from

residential development adjacent to the drive.

Figure 24 Southern Maryland heritage drive section with residential on both sides

Figure 25 Southern Maryland heritage drive section with residential on one side


2.4 Public Transport

Objectives

a. To encourage the use of public transport through the provision of integrated bus, pedestrian

and cycle routes within the Precinct.

Controls

1. Specific roads as identified on Figure 13 are to accommodate bus capable routes.

2. All local roads servicing the proposed public school and the highway services site must have a

collector road reserve to allow for buses and heavy vehicles access.

3. Bus stops are to be provided on-street and not within indented bays. Bus shelters are to be

provided at key stops and installed at the subdivision construction stage.

4. Applications for subdivision and development shall demonstrate how bus routes and bus

movements are to be accommodated within the Precinct for each stage of the development.


2.5 Pedestrian and Cycle Networks

Objectives

a. To encourage the use of active transport through the provision of pedestrian and cycle routes

within the Precinct.

b. To provide opportunities to extend the pedestrian and cycle routes beyond the Precinct.

c. To provide a network for pedestrian and cyclists to traverse across the Precinct safely.

Controls

1. The design of all roads (local, collector and sub-arterial) will provide for on or off-road cycle

lanes and/or pedestrian/shared paths.

2.6 Open Space and Recreation Network

Objectives

a. To provide open space to local residents for social interaction and passive recreation

activities.

b. To establish a sense of place and orientation within the neighbourhood by locating open

space to take advantage of significant or prominent landscape features, such as views, high

points, and areas of natural and cultural heritage significance.

c. To provide for the equitable distribution of public open space and recreation opportunities.

d. To ensure high quality design and embellishment of all public open space.

e. To encourage the use of the major creek corridors and drainage land for passive recreation

purposes consistent with environmental objectives.

Controls

1. Local sporting fields, neighbourhood parks, recreation activity nodes and other passive open

space areas (i.e. environmental conservation, riparian corridors and dual-use drainage) are to

be provided generally in accordance with Figure 26 and Table 3.

2. The minimum provision of open space facilities, including embellishment is to be consistent

with the Lowes Creek Maryland Precinct Section 7.11 Contributions Plan.

3. Neighbourhood parks are to have a minimum of 3,000m2. The following principles are to be

taken into consideration in the location of neighbourhood parks:

a. where possible, parks are to be located in accordance with the Indicative Layout Plan

(refer to Figure 2)

b. In certain location, drainage basins as identified in Figure 27, can serve a dual-use

for both drainage and passive open space


c. parks are to be located as focal points within the residential neighbourhoods. All

dwellings should be located no further than 400 – 500m from a park

d. where possible, parks are encouraged to be co-located with community and

educational facilities, and be highly accessible and linked by pedestrian and/or cycle

networks

e. parks shall be located and designed to accommodate remnant vegetation and areas

of cultural significance where appropriate, and should be linked and integrated with

riparian corridors

f. parks shall be bordered by streets on all sides with houses oriented towards them for

surveillance

g. a series of neighbourhood parks are to be located adjacent to, and along key view

corridors, between the Maryland and Birling estates. The location of these parks

interprets the cultural landscape, protect key view lines, and protect and interpret the

visual prominence of both estates.

4. The detailed design of local sporting fields, neighbourhood parks, recreation activity nodes are

to be generally in accordance with the following:

a. the need for a range of play spaces and opportunities to cater for all ages

b. the provision of adequate parking, lighting and waste management facilities

c. the inclusion of interpretative signage detailing local history, Aboriginal cultural values,

environmental education themes and the like

d. the provision of amenities such as seating and shade structures, drinking fountains,

street lighting, street information signs, planter boxes, feature fencing and the like.

5. Where riparian corridors are proposed to be in public ownership, they are to provide

opportunities for pedestrian paths and cycleways, fitness trails and additional open space in a

manner that maintains the environmental significance of these areas. A range of themed

elements such as boardwalks, eco-pathways and educational tracks shall be incorporated at

appropriate borders.

6. Parks that lie within heritage curtilages must enhance the rural nature of the specific heritage

site and protect views lines to and from that heritage site.

7. A Public Domain and Landscape Plan is to be submitted for each local sporting field,

neighbourhood park, recreation activity node and other passive open space areas at the time

of subdivision of the adjoining residential area. The selection of landscape species for public

open space areas is to consider bushfire risk. The Plan is to provide details on these

elements:

a. earthworks

b. street furniture

c. plant species and sizes

d. play equipment


e. utilities and services

f. public art

g. hard and soft landscaping treatments

h. signage and lighting

i. any entry statements

j. waste facilities; and

k. interpretive material.


Figure 26 Open space network


Table 3 Summary of open space and recreation requirements

Playing Fields (LS1) 56,400m2




Neighbourhood Park (LP1) 6,300m2
















Figure 27 Potential location for dual use basin


2.7 Indigenous Heritage

Objectives

a. To facilitate the conservation of Indigenous heritage items and areas of cultural heritage

significance.

b. To protect areas of high cultural value.

Controls

1. Further investigations are required to confirm the nature, extent and significance of Aboriginal

heritage identified in the Precinct (refer to Figure 6)

2. The proposed zoning of land with Aboriginal archaeological potential allows for flexibility to

conserve areas of medium and high Aboriginal significance. These uses include passive open

space, environmental conservation and riparian corridors.

2.8 Odour

Objectives

a. To ensure appropriate levels of odour do not impact quality of life for future residents.

Controls

1. Any residential subdivision development application (DA) on land adjacent to the north-west

Precinct boundary that lies within the OU2 contour zone may require further assessment at

DA stage (refer to Figure 11).

2. Any residential subdivision DA that falls within the odour affected area shall be accompanied

by a Level 3 Odour Impact Assessment (using the dispersion modelling program CALPUFF)

to verify the actual nuisance levels of odour generated.

3. Any land identified by the Level 3 Odour Impact Assessment as being within a nominated

separation distance shall not be developed until either:

a. Council is satisfied that the odour generating business ceases to operate, or

b. Mitigation measures are agreed by Council to lessen the impact of the odour on future

properties.


2.9 Noise

Objectives

a. To achieve an acceptable residential noise environment whilst maintaining well-designed and

attractive residential streetscapes.

b. To discourage the use of local streets by heavy vehicles.

Controls

1. Residential development shall be designed to comply with Council’s Environmental Noise

Policy (2018) that incorporates DECC’s Environmental Criteria for Road Traffic Noise.

2. Residential properties fronting The Northern Road and sub-arterials within the Precinct are to

be designed to incorporate mitigation strategies for reducing road traffic noise impacts. These

include:

a. acoustically optimizing the site layout

b. using intervening buildings to provide shielding to the rest of the site

c. designing building layouts to place less noise sensitive usages near to the source of

the noise

d. the inclusion of central light wells or courtyards to provide light and ventilation, as

opposed to having windows facing sources of road traffic.

3. Noise mounds are prohibited within the Precinct except areas directly fronting The Northern

Road.

4. Where residential properties, in particular, apartment buildings, are next to significant sources

of traffic noise they should be designed to locate internal uses that are less sensitive to noise

(e.g. kitchens, laundry, garages) on the facades most exposed to the noise.

5. Where external traffic noise level limits exceeded the appropriate levels at the façade of

residential properties, the development will be deemed to comply with Council’s

Environmental Noise Policy if:

a. the principal open space area of the residential premises complies with the relevant

noise limit, and

b. the internal noise levels identified in sub-clause (2) are achieved.

6. Where noise impacts remain after the use of the above measures, the residential impacts

should be managed by construction techniques and façade treatments (e.g. double-glazing

windows, increased wall thickness, winter gardens and mechanical ventilation).


2.10 Salinity

Objectives

a. To ensure development is located away from low lying areas such as creeks and dams where

salinity is concentrated.

b. To manage salinity as development progresses.

Controls

1. Additional investigation should be undertaken in development areas which are to be

excavated deeper than 3m or into rock at shallower depth, where direct sampling and testing

of salinity has not been carried out.

2. Salinity management strategies may need to be modified following additional investigation by

deep test pitting and/or drilling, sampling and testing for soil and water pH, electrical

conductivity, total dissolved solid, sodicity, sulphates and chlorides.

2.11 Contamination

Objectives

a. To ensure development is located away from areas of environmental concern (AECs) that

have been identified across the Precinct (refer to Figure 9).

Controls

1. Additional assessment of identified AECs is required to identify whether material is suitable to

be retained or disposed of in accordance with its relevant waste classification.

2. Site specific investigations required to confirm the presence and remediation strategy for

contamination are set out below:

a. further intrusive investigation works in the form of a Detailed Site Investigation in

accordance with SEPP 55 and NSW Environment Protection Authority Guidelines will

be necessary prior to DA stages

b. targeted sampling and/or a site walkover (for the separate ownership lots) is required

in each of the 23 AECs together with a lower density sampling regime in the

remainder of the site area. Further assessment of the AEC areas will determine

appropriate remediation requirements, if any, to render the site suitable for the

proposed development. These further investigations will be required prior to DA

stages

c. based on observations made during the site walkover, there is the potential for ACM

to be present in current structures in several areas at the site. It is therefore

recommended that a hazardous building materials survey is completed prior to any

demolition of structures


d. there is the potential that hidden, below ground structures (such as USTs, septic

tanks, ACM pipes and ACM fence footings) may be present at the site and this should

be considered accordingly during the Detailed Site Investigation and subsequently

during bulk earthworks for the proposed development. It is recommended that the

proposed Detailed Site Investigation should include an inspection of soils around the

perimeter of the current building footprints to identify any buried ACM pipes

e. an Unexpected Finds Protocol will therefore need to be established for use during

earthworks in order to ensure that due process is carried out in the event of a possible

contaminated find.

2.12 Biodiversity and Riparian

Objectives

a. To protect waterways from further degradation and where necessary improve their

environmental function to mimic natural systems.

b. To conserve, protect and enhance native riparian vegetation and associated habitat.

c. To restore and rehabilitate degraded riparian land and only allow development which is

compatible with the conservation values of these areas.

d. To protect and improve water quality.

e. To maintain and enhance bed and bank stability.

f. To ensure that development in the Precinct is integrated with the significant and sensitive

environmental conditions.

Controls

1. A Vegetation Management Plan is required to be prepared and implemented for the Precinct

in accordance with NRAR Guidelines for Vegetation Management Plans, which would

incorporate details for the rehabilitation of riparian areas adjacent to land to be developed

(refer to Figure 4). All future DAs for controlled activities in, on or under waterfront land will be

assessed by the Department of Industry to minimize potential harm to waterfront land. This

includes all land within 40m of the highest bank of a river, lake or estuary.

2. In order to protect soil and water management during construction phase the following

measures shall be implemented:

a. locate the water sensitive urban design (WSUD) measures off line until the

commissioning phase of development. This will ensure that stormwater generated

during construction is routed around the WSUD measures

b. delay landscaping of the WSUD measures to the final stages of construction to

reduce the risk of surface degradations and plant loss


c. temporarily create a small inlet to retarding basins and bio-filters that will accept small

amounts of local stormwater during construction. This will allow plants to establish in

the greater area of the basin/filter without risk of fouling.

3. Rehabilitation of cleared areas is required within riparian buffers to provide habitat for and act

as screening from The Northern Road to the Maryland Estate.

4. All vegetation within the riparian corridor that will not be affected by drainage infrastructure will

be protected by way of land zoning and placed in public ownership.

5. Retention of hollow bearing trees where possible within open space areas and in large

residential lots (environmental living) to offer potential nesting spaces for local fauna.

6. Retention of some Shale Hills Woodland vegetation along the north-western edge of the

Precinct within the riparian corridor to provide ‘green’ linkages both to Lowes Creek and to the

north-western Precinct boundary and beyond.

7. Riparian offsets in certain cases in order to:

a. allow for the protection of remnant vegetation adjacent to riparian corridors as defined

under the Water Guidelines for Riparian Corridors on Waterfront Land, considered to

warrant protections, and

b. where rehabilitation of cleared areas adjoining riparian corridors and protected

vegetation an occur to create a ‘smooth’ edge to the riparian zone.

2.13 Bushfire

Objectives

a. To mitigate and manage bushfire hazard risk within the Precinct and on adjacent lands.

Controls

1. All development in adjoining bushfire prone vegetation with asset protection zones (APZs)

must include adequate setbacks (refer to Figure 8).

2. DAs are permitted on land mapped as bushfire prone, subject to the application of bushfire

mitigation measures set out in the main body of the DCP.

3. The design specifications set out in the New South Wales Rural Fire Service’s Planning for

Bushfire Protection (2017) are to be applied to future development, including the construction

of access roads, the provision of water, electricity, and gas services, and special fire

protection purpose development.

4. Documentation demonstrating the classification of vegetation offsite and within the existing

and proposed riparian corridors as Grassy Woodland is to be provided in future referrals to the

NSW Rural Fire Service, along with information that shows an in perpetuity formal mechanism

for maintenance of the existing and proposed riparian corridors to the standard of a Grassy

Woodland. In accordance with the fuel loads specified in Appendix 2 of Planning for Bushfire

Protection 2008.

Part 3 – Centres Development Controls


Note: This part supports the development controls for Centres in Part 5 of the DCP.

3.1 The Maryland Estate Local Centre

Objectives

a. To provide for the ongoing retention and conservation of the historic Maryland Estate.

b. To integrate the centre with the historic Maryland Estate and promote the adaptive reuse of

the Estate for retail and community uses.

c. To ensure that the centre develops as a distinctive and vibrant centre that provides a range of

retail, commercial and community-related uses that serve the population of the Precinct.

d. To create a sense of place through the relationship of the Maryland Estate and the

surrounding natural environment, parks and water management areas.

e. To ensure that the detailed design of the centre is coordinated to achieve a high quality urban

design outcome and that the centre is accessible and well-connected.

f. To promote the principles of ecologically sustainable development for the design of the centre.

Controls

General

1. Applications for subdivision and development within the centre should address the

requirements of the NSW Heritage Act 1977.

Note: This requirement is triggered due to the centre being within the State Heritage Register

curtilage for Maryland Estate (as proposed).

2. The centre is to be located in accordance to Figure 28.

3. The design of the centre is to be generally in accordance with the indicative centre layout

shown in Figure 29.

4. A Heritage Impact Statement is required at the Development Application stage for

development within the centre.

5. The centre is to contain a mix of local convenience retail, commercial and community uses to

a maximum gross leasable floor area of 20,000m2 with a floor space ratio of 0.5:1.

6. A varied height control scheme shall apply to buildings in the local centre that responds to

topography and heritage view lines.

7. Active street frontages are to be provided in accordance with Figure 29.

8. New development in the centre is to be set back a minimum of 50m from the Home Farm.


9. Development in the centre is to minimise the impact on the heritage significance of the

Maryland Estate and should respect and complement the heritage items in terms of the scale

and character of new buildings to ensure an appropriate transition between the centre and the

home farm.

10. All development applications for the local centre may be subject to a Part B DCP to confirm all

objectives are met.

Parking and access

11. Access to parking, loading docks and waste collection areas are to be provided in accordance

to Figure 29.

12. At grade parking areas are to be located behind building lines, consistent with Figure 29.

13. Opportunities for shared parking provisions for complementary uses should be considered.

14. Provision for pedestrians, public transport and parking is to be generally in accordance with

Figure 29.

Public domain

15. A Public Domain Landscape and Interpretation Plan shall be prepared for the centre, which

includes the co-ordination of street furniture and lighting.

16. Weather protection for pedestrians is to be provided along active frontages indicated in Figure

29.

17. The placement of street trees and open space planting should soften the visual impacts on the

cultural landscape character of the Precinct and on key view corridors to and from the

Maryland Estate.

18. Planting is to be of the species that are locally indigenous to the Cumberland Plain.

19. Planting should not detract from heritage significance of the Maryland Estate.

20. Planting should maintain and reflect the heritage character of the Maryland Estate as open

space rather than dense bushland.

Ecologically sustainable development

21. Development applications are required to incorporate measures consistent with ecologically

sustainable development principles, including waste reduction, water and energy conservation

and utilisation of recycled and renewable construction materials


Figure 28 Location of Local Centre


Figure 29 Indicative Layout of Maryland Estate Local Centre

Part – Site Specific Controls


4.1 Birling 1812

Birling contains an important archaeological site associated with the colonial magistrate Robert Lowe

and the administration of the convict system in New South Wales during a formative period of British

colonial expansion. Birling also contains a locally significant homestead and setting of the 1930s

discussed in the following section.

The potential archaeological remains at Birling cover a period ranging from 1812 to the mid-1930s.

Although their location is only approximately known, they are expected to be reasonably intact and

legible. The archaeological remains of this period of the site are particularly unusual and closely

associated with the major themes in the history of New South Wales, particularly the administration of

the convict system.

The location of the Birling 1812 and 1937 sites can be seen in Figure 2 and Figure 7.

Objectives

a. To conserve and enhance the heritage significance of Birling 1812

b. To ensure that development in the Precinct is integrated to in a respectful way in relation to

the cultural significance of Birling 1812.

Controls

General

1. The Birling 1812 site is to be retained and utilised as open space and interpret archaeological

and historical significance.

2. Site-specific Conservation Management Plans (CMPs) and fabric analysis of each heritage

site will be undertaken to guide conservation and adaptive works.

3. An Archaeological Management Plan shall be developed for the Birling 1812 complex site.

4. Future interpretation of the historical use of the site and protection of archaeological remnants

shall be established.

5. Any impacts to archaeological sites (refer to Figure 7) are to be the subject of a s140

Archaeological Excavation application to OEH.

Views

6. Significant view lines to be maintained and interpreted as shown in Figure 30.

7. Views from Maryland Homestead to Birling are to be retained through the provision of an open

space corridor. The open space corridor is to have a minimum width of 60 metres and be

provided as a linear park to connect Maryland Knoll, Lowes Creek and Birling, as shown in

Figure 2.


Figure 30 Key view lines


Built form and design

8. A maximum building height of 5m is permitted for development on the site.

9. The scale and form of any development within Birling 1812 is to be designed so as not to

detract from the heritage significance of the site and to be compatible with its heritage values.

Planting

10. Planting is to be of species that are locally indigenous to the Cumberland Plain.

11. Planting should maintain and reflect the heritage character of the site as open space rather

than bushland.

4.2 Birling 1937

Objectives

a. To conserve and enhance the heritage significance of Birling 1937.

b. To ensure that development in the Precinct is integrated in a respectful way in relation to the

cultural significance of Birling 1837.

Controls

General

1. Birling Homestead 1937 should be retained as a community facility within an open space

setting.

2. A Conservation Management Plan that fully integrates architectural and landscape

considerations should be developed for Birling 1937.

3. The nature and extent of the potential archaeological remains within the area identified as

being of moderate to high potential is to be confirmed.

4. The area identified as being of moderate to high potential should not be subjected to

earthworks such as grading without further archaeological investigation.

5. Future management of potential remains should be determined following the results of

archaeological testing in discussion with the Heritage Division, Office of Environment and

Heritage.

6. Public interpretation as part of any new landscaping may be required.

7. Site-specific Conservation Management Plans (CMPs) and fabric analysis of each heritage

site will be undertaken to guide conservation and adaptive works.

8. Key heritage buildings are to be retained and conserved in accordance with site specific

CMPs.


9. Any impact to archaeological sites is subject to s140 Archaeological Excavation controls to

ensure that the landscape is maintained at the northern end of the Precinct

Built form and design

10. A maximum building height of 5m is permitted for development on the site.

11. The scale and form of any development within Birling 1937 is to be designed so as to not

detract from the heritage significance of the site and to be compatible with its heritage values.

Views

12. Views from Maryland Homestead to Birling as mapped in Figure 30 are to be retained through

the provision of an open space corridor. The open space corridor is to have a minimum width

of 60 metres and be provided as a linear park to connect Maryland Knoll, Lowes Creek and

Birling, as shown in Figure 2.

Planting

13. Planting is to be of species that are locally indigenous to the Cumberland Plain.

14. Planting should maintain and reflect the heritage character of the site as open space rather

than bushland.

4.3 Maryland Estate

Maryland is a highly intact and legible complex planned and built by Thomas Barker comprising of an

early homestead villa, cottages and farm buildings. It is especially significant for its completeness as a

group of buildings, its degree of intactness and its relationship with the landscape setting. The winery

and store may be the oldest winery buildings in Australia.

The location of the Maryland Estate can be seen in Figure 2 and Figure 7.

Objectives

a. To provide for the retention and ongoing conservation of the Maryland Estate

b. To provide guidance for new development in the vicinity of the Maryland Estate

c. To protect the rural and visual curtilage of the Maryland Estate

d. To provide for the ongoing use of the Maryland Homestead and associated outbuildings

e. To ensure that landscaping is in keeping with the heritage values of the Maryland Estate

f. To provide opportunities for the interpretation of the history of the Maryland Estate

g. To ensure that adjacent and surrounding development respects the heritage value of the

Homestead and that the architectural design of buildings is sympathetic and remains present-

day buildings.


Controls

General

1. Applications for subdivision and development within the Maryland Homestead State Heritage

Register curtilage (as proposed) will require consent from the Heritage Council of NSW and

shall address the requirements of the NSW Heritage Act 1977.

Note: Exemptions from this requirement may be granted by the Heritage Council for certain

land within the curtilage where applications for subdivision and development are consistent

with the requirements of this DCP.

2. Development within the proposed State Heritage Curtilage identified in Figure 7 shall be in

accordance with the Conservation Management Plan (Tropman & Tropman Architects, 2017)

and the Australia ICOMOS Burra Charter.

3. Development surrounding the Maryland Homestead shall not detract from the significance of

the heritage item, its visual prominence and cultural landscape setting.

4. Development surrounding the Maryland Homestead shall be of an appropriate scale and form

that responds sensitively to the Maryland Estate and maintains key view lines mapped in

Figure 30.

5. All dwellings within a 250m radius of the Maryland Estate may be subject to a Heritage Impact

Assessment at DA stage.

6. Applications for subdivision and development within Areas of Historic Archaeological Potential

shown in Figure 7 shall be accompanied by a report prepared by a suitably qualified heritage

consultant detailing the results of archaeological investigations undertaken to confirm the

presence of archaeological material relating to Maryland Homestead and Garden. Where

archaeological material is identified, the proposed is to address the requirements of the NSW

Heritage Act 1977.

7. The Maryland historic garden space and associated landscaping features is to be preserved.

8. The Maryland Vineyard Slopes should be preserved as open space and interpret

technological and historical significance.

Views

9. Views from Maryland Homestead to Birling are to be retained through the provision of an open

space corridor. The open space corridor is to have a minimum width of 60 metres and be

provided as a linear park to connect Maryland Knoll, Lowes Creek and Birling, as shown in the

Indicative Layout Plan (Figure 2 and Figure 30).

10. The historic visual relationship between the Northern Gatehouse on the Northern Road to both

the Dairy Cluster (Home Farm) and the Maryland Homestead is to be maintained.

Public Domain Plan


11. The first application for subdivision within the Special Heritage and Landscape Area, including

the proposed Maryland Homestead State Heritage Register Curtilage (refer to Figure 7) shall

be accompanied by a detailed Public Domain, Landscape and Interpretation Plan for the area

prepared by a suitably qualified urban designer and/or landscape architect in collaboration

with a qualified heritage consultant.

12. The Public Domain Plan shall be generally consistent with the Lowes Creek Maryland (Part)

Precinct Public Domain and Landscape Strategy and Lowes Creek Maryland (Part) Precinct

Cultural Heritage Interpretation Strategy. The Plan shall respond to and interpret the key

views and landscape features of Maryland Homestead (as shown in Figure 30). Subsequent

development applications within this area shall be consistent with this Plan.

13. The Plan shall provide detail on the following matters:

i. A planting program that respects the existing and historic plantings, and strengthens

the visual character of the Precinct, and facilitates key view corridors (refer to Figure

21);

ii. Interpretation and management of the historic driveways;

iii. Pedestrian pathways;

iv. Interpretive signage and play equipment;

v. Historic place naming;

vi. Public art;

vii. Residential fencing guidelines; and

viii. Acknowledgement of environment and Indigenous cultural heritage values.

Residential development adjacent to Maryland Estate

14. Building design shall promote a contemporary architectural response that is sensitive to the

presence of Maryland Homestead and does not mimic historic styles or designs.

15. Materials and colours of new buildings, roofs and wall colours should be neutral and non-

reflective to ensure minimal visual impact on the cultural landscape and streetscape.

16. Maryland entry avenue is to be designed in accordance with Figure 18.

17. Maryland entry avenue shall be designed to preserve/enhance the view of Maryland knoll.

Tree plantings within parks and along view lines

15. Tree plantings in public parks within the heritage curtilage should be of species that are locally

indigenous to the Cumberland Plain.

18. Street tree plantings along the view lines identified in Figure 2 are to be limited to trees (up to

5m in height at maturity) and that contrast with plantings associated with the Maryland

homestead.


19. Site-specific CMPs and fabric analysis of each heritage site will consider tree plantings in

accordance with the DCP controls.

20. Significant view lines to be maintained and interpreted.

21. Any impact to archaeological sites is subject to s140 Archaeological Excavation controls to

ensure that the landscape is maintained at the northern end of the Precinct .

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