Sio b ha n B lew it t & C hr i s H an son

4 Leggett Way, Sorrento

Heritage Impact Statement

Included in VHR H1050

Collins Settlement Site

2700-3148 Point Nepean Road, Sorrento

September 2017

Prepared by Prepared for

L O V E L L C H E N 1

1.0 Introduction

The subject property at 4 Leggett Way, Sorrento, forms part of an historical area on the coast of Port

Phillip Bay known as the ‘Collins Settlement Site’. The area in question was the site of the first (albeit

short-lived) European settlement in Victoria, established in 1803 by the British Government. A number

of private residences are located within the Collins Settlement Site, which also includes a reserve area

(public land) managed today by Parks Victoria. The Collins Settlement Site includes all of the land

located at 2700-3148 Point Nepean Road, and is included in the Victorian Heritage Register (designated

H1050) as a site of historical, archaeological, aesthetic and social significance.

This heritage impact statement (HIS) has been prepared for Siobhan Blewitt and Chris Hanson to

accompany a permit application to Heritage Victoria for the proposed redevelopment of 4 Leggett Way,

Sorrento. The proposal involves demolition of the existing residence and construction of a new single

and two-storey residence with a swimming pool and associated landscaping. Planning approval for the

proposed residence will be sought separately under the provisions of the Mornington Peninsula

Planning Scheme.

Reference is made in this report to the following documentation:

• Architectural drawings prepared by InArc Architects, numbered 1.01 – 1.08 (inclusive, Revision

TP2 and TP3) and dated July, August and September 2017

• Landscape Design prepared by Robert Boyle and dated August 2017

Figure 1 Location plan showing the approximate location of the subject property at 4 Leggett Way,

Sorrento, indicated by red arrow

Source: www.street-directory.com

L O V E L L C H E N 2

1.1 Recent approvals

A permit exemption for the removal of 10 trees from within the subject property was issued by Heritage

Victoria on 29 May 2017. This tree removal has been completed.

Subsequently, Heritage Permit P27213 was issued by Heritage Victoria on 1 August 2017 for

‘archaeological testing, as part of a Cultural Heritage Management Plan process, at the 4 Leggett Way

property.’

The archaeological testing, undertaken on 22 August 2017 and comprising two 1x1 metre test pits and

three 0.5x0.5 metre test pits, was primarily designed to assess the Aboriginal cultural heritage sensitivity

of the subject property to inform the preparation of a voluntary Cultural Heritage Management Plan

(CHMP 14842) being undertaken prior to the proposed redevelopment of the site which is the subject of

the current permit application. As the construction activity associated with the proposed

redevelopment will result in substantial sub-surface disturbance, the archaeological investigations were

also located to minimise the potential for significant remains to be disturbed in the proposed

redevelopment works.

No historical archaeological deposits associated with the Collins Settlement or later occupation of the

site were identified in the archaeological investigations. Aboriginal cultural heritage material, in the

form of shell middens, were identified in all of the test pits, indicating that the shell midden site extends

across the entire property. These results will be documented in the CHMP for the property.

1.2 Heritage Controls and Listings

The area known as the ‘Collins Settlement Site’, of which the subject property forms a part, is of

recognised historic value as the first European settlement site in Victoria. The broader settlement site is

accordingly included in several heritage registers as set out below.

1.2.1 Victorian Heritage Register

The ‘Collins Settlement Site’, 2700-3148 Point Nepean Road (including the subject property at 4 Leggett

Way) is included in the Victorian Heritage Register to the extent of all the land and water (marked L1)

bounded by the Point Nepean Road to the south, Camerons Bight jetty to the east, the edge of the

Sorrento Sailing Club land to the west and a line 50 metres out from high water mark to the north, as

well as all the features (marked F1), being the structures and works known as 'Settlers Graves' (Figure

2). The statement of significance outlines the historic, archaeological, aesthetic (landscape) and social

significance of the site.

Designated as H1050, an archaeological place and heritage place, the registration includes the so called

‘Seat of Government’ on the summit of the Eastern Sister, and the Settlers’ Graves on the Eastern Sister

headland.1 The settlement site also includes a monument, lookout and visitor centre.

What is significant?

The British Government's decision to establish a settlement in southern Australia

appears to have been prompted by favourable reports of Port Phillip Bay and

concerns about the interest of the French in the area. The colonising party

despatched from England comprised military personnel, administrative staff, a few

free settlers and a majority of convicts. Some were fortunate enough to be

accompanied by wives and children. Lt-Governor Collins led the party of 467

persons.

1 The four burials are believed to be associated with later settlers in the area and although marked by simple wooden

crosses, the locations are thought to be symbolic rather than accurately recording the burials.

L O V E L L C H E N 3

The site selected for the settlement was on the southern side of Port Phillip Bay at

Sullivan Bay, relatively close to the Heads, a site chosen to enable protection of

Bass Strait from the French. It was a difficult site to settle, without easy access to

fresh running water, an anchorage well off-shore, and poor soils for agriculture;

their survey of Port Phillip Bay revealed that much of the area had similar

characteristics.

The settlement was established on an area of land between the Western Sister and

Eastern Sister, prominent headlands which mark each end of Sullivan Bay. Most of

the settlement was close to the Eastern Sister. Initially a tent encampment, work

commenced quickly on building a jetty and other timber structures, including huts.

A Local limestone was apparently used to construct chimneys for the huts, and for

the building of the magazine. As well as barrels set into sand to trap fresh water,

wells were dug, as were privies. Land was cleared for the growing of crops, perhaps

totalling several acres.

In choosing this place for a settlement, the settlers directly displaced Aboriginal

people from a regular camping area.

In 1804 Collins decided to move the settlement to Van Diemens Land, where John

Bowen had established a settlement at Risdon Cove in 1803. They were moved as

two parties, the second group leaving on 20 May, just over seven months after the

settlement had been established.

Surviving physical evidence of the settlement is limited to oak barrels recovered in

1926, and artefacts thought to date to the initial settlement of the area such as the

remains of a hand blown brandy bottle inscribed "Old Cognac 1795" and a pair of

leg irons.

The graves site located within the Collins Settlement Historic Reserve is important

for symbolic reasons in long being recognised by both the government and the

community as a symbol and icon of the first attempt of European settlement in

Victoria (even though historical knowledge suggests they are unlikely to be

associated with the 1803-4 settlement).

How is it significant?

Collins Settlement Site is of historic, archaeological, aesthetic (landscape) and social

significance to the State of Victoria.

Why is it significant?

Collins Settlement Site is historically significant as the site of the British

Government's first official settlement in southern Australia, in 1803. From the

perspectives of global colonisation, the site contains historical fabric, associations

and meanings that are vital to the understanding of the history of colonisation in

southern Australia.

The site is one of few Australian 'founding' sites that have survived two centuries of

change. Like The Rocks in Sydney and Risdon Cove in Tasmania, the landscape of

Sullivan Bay has revealed evidence from its founding period. More evidence may

survive to be revealed as a result of future investigations.

Collins Settlement Site has aesthetic significance due to the survival of much of the

pre-settlement landscape of Sullivan Bay, including the enclosing headlands, the

old growth Moonah woodland, the shallow waters of the bay, the views between

the Eastern and Western Sister and the Western Sister and St Paul's, and to Arthurs

Seat.

L O V E L L C H E N 4

Collins Settlement Site has archaeological significance due to its potential to

contain relics relating to the historic occupation of the site.

Collins Settlement Site has social significance for long being recognised as the site

of the 1803 settlement. The Melbourne and Peninsula communities have strongly

defended the site during times when its long term protection seemed in jeopardy.

Figure 2 VHR extent of registration of the Collins Settlement Site (the location of the subject

property is indicated)

Source: Heritage Victoria

1.2.2 Victorian Heritage Inventory

The ‘Collins Settlement Site’, Point Nepean Road Sorrento, is also included in the Victorian Heritage

Inventory as H7821-0001.

The Inventory Significance of the Collins Settlement site is as follows:

Archaeological potential for subsurface remains of some structures although

development and subdivision would have destroyed most evidence.

Historical significance as a contact settlement site.

1.2.3 Mornington Peninsula Planning Scheme

The subject property is included within the ‘Collins Settlement Site’ (HO255) in the Schedule to the

Heritage Overlay of the Mornington Peninsula Planning Scheme (Figure 3). The extent of the Heritage

Overlay reflects the Victorian Heritage Register extent of registration for the Collins Settlement Site. No

permit is required under the Heritage Overlay provisions of the Planning Scheme for places that are

included in the Victorian Heritage Register.

L O V E L L C H E N 5

Figure 3 Heritage Overlay map showing the Collins Settlement Site (HO255); the location of the

subject property is indicated

Source: Mornington Peninsula Shire Planning Scheme

1.2.4 Other listings

National Trust Register

The ‘Collins Settlement Site ‘and ‘Sorrento Graves’ are also classified by the National Trust of Australia

(Victoria) (File Numbers L10051 and B2168 respectively). There are no statutory requirements or

constraints as a result of this listing.

National Heritage List

A nomination has also been made to the National Heritage List for the ‘1803 Collins Settlement Site’.

However, this nomination has been deemed ineligible for consideration by the Australian Heritage

Council because it has been considered in two consecutive annual assessment work plans (also known

as the ‘priority assessment list’) and not included on the NHL. However a nominated place ruled

ineligible in this way can be re-nominated, thereupon becoming eligible again for consideration.

Shire of Flinders Heritage Study

The Shire of Flinders Heritage Study – Inventory of Significant Places was prepared by Context Pty Ltd in

December 1992 and updated in June 1997. It recognises the Collins Settlement Site as a site of National

or State significance.

2.0 Description

The property is a generally rectangular allotment located on the south side of the Eastern Sister, east of

Point Nepean Road (Figure 4). The property comprises a simple two-storey brick dwelling with a

corrugated iron clad multi-pitched roof. The dwelling features a garage and open arched entries on the

north-west elevation and a first floor entry and timber balcony along the full extent of the south-east

elevation (Figure 5 - Figure 6). An elevated, stepped brick-lined garden bed extends along the west

property boundary, with a mature tree and smaller plantings along the east and south boundaries

L O V E L L C H E N 6

(Figure 7). A high timber paling fence (with timber gates) is located on all four boundaries. Vehicular

entry to the property is via a gravel driveway from Leggett Way and Point Nepean Road (Figure 8).

Adjoining the property along the full extent of the north and west boundaries is the neighbouring

property at 8 Leggett Way. This property comprises a contemporary two-storey building minimally set

back from the north boundary of the subject property. The south property boundary adjoins the

foreshore reserve and the Collins Settlement Site information centre, comprising a small building,

memorial and interpretive plaques, car parking, mature trees, picnic tables and pedestrian pathways

(Figure 9). Adjoining the full extent of the east property boundary is an asphalt path leading from the

information centre to the viewing platform adjoining the property at 3080 Point Nepean Road. East of

this pathway (and the subject dwelling), the land is steeply graded toward the foreshore, comprising

mature trees and a low rock wall. The subject property is elevated above the foreshore, with steps

leading down to the foreshore from the information centre/reserve (Figure 10).

The property is the southernmost residential property on the south side of the Eastern Sister. The

foreshore reserve (with the information centre) extends south along the foreshore towards Blairgowrie

(Figure 11).

Figure 4 Recent aerial image of 4 Leggett Way, with the existing residence indicated by red arrow.

Source: Nearmap, November 2016

L O V E L L C H E N 7

Figure 5 North-west elevation of the existing residence and gravel driveway entry

Figure 6 South-east elevation of the existing residence and garden area

L O V E L L C H E N 8

Figure 7 Elevated garden bed along the west property boundary and gravel driveway – the trees

have been removed within this garden bed

Figure 8 View east along Leggett Way towards the subject property

L O V E L L C H E N 9

Figure 9 View north towards the subject property from the foreshore reserve and Collins

Settlement Site information centre to the south of the property

Figure 10 View west towards the subject property from the Camerons Bight foreshore to the east of

the property

L O V E L L C H E N 1 0

Figure 11 View north along the Camerons Bight foreshore towards the subject property (indicated)

3.0 Proposed Works

It is proposed to demolish the existing dwelling and remove the elevated garden beds. As outlined at

Section 1.1 of this report, a permit exemption has been issued for the removal of the majority of the

trees within the property and these works have been undertaken.

The proposal also includes the construction of a single and two-storey residence and swimming pool.

The proposed new residence will be U-shaped, comprising an irregular two-storey wing with a projecting

upper level balcony addressing the foreshore (east) property boundary and two single-storey wings

surrounding a central courtyard. The proposed dwelling will be predominantly clad with light grey face

brickwork, with metal and exposed concrete details. The two-storey wing will finish at a total height in

the order of eight metres above the natural ground level, with lower single-storey wings to the west.

The generally flat roof will be clad with metal sheet cladding.

The residence will be set back between approximately 4.6 and 7.8 metres from the foreshore (east)

property boundary, and approximately 5.7 metres, 1.7 metres and 1.3 – 3.7 metres from the south, west

and north property boundaries respectively.

Proposed landscaping within property will comprise a small circular swimming pool and formal garden

beds within the central courtyard and paved areas to the east and south of the residence. Extensive

new planting is proposed within the property, comprising indigenous trees (including Coast Banksia and

Moonah trees) along the east and south property boundaries and a Moonah hedge along the west

property boundary between the fence line and proposed garage. Formal garden beds are also proposed

surrounding the property boundaries, which will be variously planted with shrubs, ground covers and

grasses.

The existing vehicular access from Point Nepean Road and Leggett Way will be maintained, with new

aluminium batten gates installed at the entry. An exposed aggregate concrete driveway is proposed to

provide vehicular access to the garage. The existing timber paling fence along the east and south

L O V E L L C H E N 1 1

property boundaries will be retained, while the fence along the west boundary will be removed and

replaced with a new timber paling fence of 2.1 metres, matching the height of the existing fence. To the

north property boundary, the existing fence will be removed and replaced with a concrete sleeper

retaining wall and timber paling fence above to a height of 2.4 metres, matching the height of the

existing fence.

4.0 Assessment of Heritage Impacts

4.1 Assessment against VHR statement of significance

The Victorian Heritage Register statement of significance for the Collins Settlement Site identifies the

historical, archaeological, aesthetic and social heritage values which contribute to the significance of the

site. The proposal is assessed against each of these values below:

4.1.1 Historical values

Excerpt from VHR statement

Collins Settlement Site is historically significant as the site of the British

Government's first official settlement in southern Australia, in 1803. From the

perspectives of global colonisation, the site contains historical fabric, associations

and meanings that are vital to the understanding of the history of colonisation in

southern Australia.

The site is one of few Australian 'founding' sites that have survived two centuries of

change. Like The Rocks in Sydney and Risdon Cove in Tasmania, the landscape of

Sullivan Bay has revealed evidence from its founding period. More evidence may

survive to be revealed as a result of future investigations.

There will be no impact on the historical significance of the Collins Settlement Site from the proposed

works. The replacement of an existing private residence with a new residence will minimally alter the

presentation of visible development on the south side of the Eastern Sister but the historical

associations of the place with the early Collins settlement will be unchanged. The new works will be

wholly contained within the subject property and there will be no adverse impact on the foreshore

reserve and the Collins Settlement Site information centre to the south of the property.

4.1.2 Archaeological values

The archaeological significance of the Collins Settlement Site has been well documented, being

recognised from as early as the late nineteenth and early twentieth centuries. As noted in the VHR

Permit Policy for the Collins Settlement Site, any evidence which remains of the settlement is likely to be

below the ground surface, and could take the form of artefacts or artefact deposits, including glass,

ceramics, bone or other organic materials and metal. Recent archaeological investigations within the

Collins Settlement Site extent of registration confirm that subsurface evidence of both European

settlement and Aboriginal activity are present within the site. The following assessment of the proposal

has been prepared in consideration of the management recommendations contained in the Victorian

Heritage Register Permit Policy, the 2002 1803 Collins Settlement Site: Future Directions Management

Plan and the findings of recent subsurface testing within the subject property by Andrew Long &

Associates.

Excerpt from VHR statement

Collins Settlement Site has archaeological significance due to its potential to

contain relics relating to the historic occupation of the site.

VHR Permit Policy

The VHR Permit Policy for the Collins Settlement Site notes that the land and water of Sullivan Bay is a

significant place and the primary area of significance (i.e. generally contained within the registered land)

L O V E L L C H E N 1 2

has the highest potential of revealing archaeological evidence associated with past occupation. The

policy broadly outlines the potential of the site with regard to both Aboriginal and historic remains and

includes an assessment of the archaeological potential of the various settlement site structures and

features that were located on the site as well as the miscellaneous artefact scatters which may be

located within the registered land. The results of the archaeological testing within the property

undertaken to date are addressed below, with recommendations for further archaeological testing

within the proposed building footprint.

1803 Collins Settlement Site: Future Directions Management Plan

The 2002 1803 Collins Settlement Site: Future Directions Management Plan covers the broader area of

land along the Sorrento foreshore including Sullivan Bay, the Eastern and Western Sisters and a part of

Cameron’s Bight, and outlines a number of conservation policies which apply to both public and private

land. The Management Plan notes that ‘the whole of the area occupied by the 1803-4 Collins

settlement has the potential to retain archaeological evidence of the settlement’2, and contains a

number of heritage recommendations with regard to the development of the Collins Settlement site.

With specific regard to the archaeological potential of the Collins Settlement site, the Management Plan

notes that ‘all development and change needs to occur in such a way that any archaeological evidence

can be identified and recovered’3, and recommends archaeological investigation and/or monitoring

where any proposed development of the site will result in ground disturbance. The primary objective of

the policies guiding the management of the archaeological resources is preservation in-situ, and

protection of areas likely to contain archaeological resources.

Findings of subsurface testing

As outlined in Section 1.1, recent archaeological testing was undertaken within the subject property by

Andrew Long & Associates, pursuant to Permit No. P27213. While this testing was undertaken primarily

for Cultural Heritage Management Plan 14842 under the Aboriginal Heritage Act, an assessment of the

potential for remains associated with the Collins Settlement or later occupation of the site was also

undertaken. No historical archaeological remains were identified in the archaeological investigations

undertaken within the site.

With regard to Aboriginal cultural heritage, the testing identified cultural heritage materials, in the form

of shell midden deposits, in all of the excavations indicating that the shell midden extends across the

entire property.4

Response

Consistent with the management recommendations for land within the Collins Settlement Site included

in the 2002 Management Plan, the historical and Aboriginal archaeological potential within the subject

property has been addressed through the archaeological investigations undertaken to date and the

provision for monitoring of future ground disturbing works.

With specific regard to historical archaeology, it is noted that no historical remains have yet been

located within the property. In order to satisfactorily address the archaeological potential of the subject

property within the broader registered place, all excavation/ground disturbing activities associated with

the proposed residential development will be monitored by a qualified archaeologist. If any significant

historical archaeological deposits are uncovered during this testing, all works on site will cease and

Heritage Victoria will be contacted immediately.

2 Context, 1803 Collins Settlement Site: Future Directions Management Plan, Final report 2002, p. 17.

3 Context, 1803 Collins Settlement Site: Future Directions Management Plan, Final report 2002, p. 17.

4 Pers. Corresp. Zak Jones, Andrew Long & Associates, dated 23 August 2017.

L O V E L L C H E N 1 3

Aboriginal cultural heritage values within the property will be addressed with Aboriginal Victoria

through the preparation of CHMP 14842.

4.1.3 Aesthetic values

Excerpt from VHR statement

Collins Settlement Site has aesthetic significance due to the survival of much of the

pre-settlement landscape of Sullivan Bay, including the enclosing headlands, the

old growth Moonah woodland, the shallow waters of the bay, the views between

the Eastern and Western Sister and the Western Sister and St Paul's, and to Arthurs

Seat.

As documented in the VHR statement of significance, the aesthetic significance of the Collins Settlement

Site relates to the survival of much of the pre-settlement landscape of Sullivan Bay, the old growth

Moonah woodland and views, particularly between the Eastern and Western Sister. The landscape

setting of Sullivan Bay is key to the aesthetic significance of the Collins Settlement Site.

The subject property is a residential allotment adjacent to the foreshore and a public reserve within the

broader Collins Settlement Site. The property does not contribute to the aesthetic significance of the

Collins Settlement Site and the removal and replacement of the existing residence within the property

could occur without adverse impact on the identified aesthetic values and landscaped setting of the

heritage place. The critical issues with regard to the proposal in terms of aesthetic significance is the

potential impact on key views within the broader heritage place and the extent to which the proposed

new works will be visible and prominent in views towards the property.

In terms of the potential impact on key views within the Collins Settlement Site, the key views identified

as contributing to the significance of the registered place are the views between the Eastern and

Western Sisters. There will be no impact on these views from the proposed works due to the location of

the subject property on the south side of the Eastern Sister.

Where the subject property is visible in views to the north from and along the Camerons Bight foreshore

and from the reserve and Collins Settlement Site information centre to the south of the property, there

will be no adverse impact on these views from the proposed removal and replacement of the existing

residence with a new building of similar height and scale. The siting and form of the proposed new

dwelling has been carefully considered to capitalise on the location of the property adjoining the

foreshore, while recognising the aesthetic values and landscaped setting of the heritage place through

the use of materials which respond to and complement the surrounding landscape. The inclusion of

indigenous planting along the east and south property boundaries is appropriate within the context of

the broader setting and will serve to screen views to the new residence from the foreshore and public

reserve to the south of the property.

There will be no change to the presentation or existing vegetation within the reserve to the south of the

property. It is acknowledged that the proposed new residence will be visible from the public reserve

and in views to the reserve from the foreshore, but this is comparable with the existing residence and

will not impact on an appreciation of the reserve and foreshore as part of the broader Collins Settlement

Site.

4.1.4 Social values

Excerpt from VHR statement

Collins Settlement Site has social significance for long being recognised as the site

of the 1803 settlement. The Melbourne and Peninsula communities have strongly

defended the site during times when its long-term protection seemed in jeopardy.

L O V E L L C H E N 1 4

The subject property is part of the larger Collins Settlement Site which over time has undergone

development. The proposed works will not alter the social significance of the larger site and

importantly, will not impact on that area of the site which is reserved for public access (the foreshore

reserve and Collins Settlement Site information centre to the south).

5.0 Conclusion

The proposal involves the replacement of the existing residence within the subject property with a new

residence and associated landscape works. This proposal has been carefully considered and sensitively

developed in terms of architectural and landscape design, with the height, form and siting of the new

residence generally reflecting the existing, and materials and a colour palette which responds

appropriately to the broader landscape setting. In terms of the visual impacts, the proposed new

residence will not be overly prominent when viewed from the foreshore or public reserve and there will

be no impact on the valued qualities of the broader registered place.

In terms of archaeology, no historical material has been identified within the property through the

archaeological investigations undertaken to date. The historical archaeological significance of the site

has been appropriately managed through these investigations and recommendations for monitoring of

ground disturbing activities associated with the proposed development.

Overall the design and form of the proposed new residence and associated landscaping works is

appropriate within this site and the works are considered acceptable from a heritage perspective.