Bentinck Street Elm Trees

Item details

Name of item: Bentinck Street Elm Trees
Type of item: Landscape
Group/Collection: Parks, Gardens and Trees
Category: Tree groups - street
Location: Lat: -33.41832095120 Long: 149.58411236600
Primary address: Bentinck Street, Bathurst, NSW 2795
Parish: Bathurst
County: Bathurst
Local govt. area: Bathurst Regional
Local Aboriginal Land Council: Bathurst
Property description
Lot/Volume CodeLot/Volume NumberSection NumberPlan/Folio CodePlan/Folio Number
CROWN LAND    
All addresses
Street AddressSuburb/townLGAParishCountyType
Bentinck StreetBathurstBathurst RegionalBathurstBathurstPrimary Address
Between Durham StreetBathurstBathurst RegionalBathurstBathurstAlternate Address
Between Great Western HighwayBathurstBathurst RegionalBathurstBathurstAlternate Address
between Howick StreeetBathurstBathurst RegionalBathurstBathurstAlternate Address

Owner/s

Organisation NameOwner CategoryDate Ownership Updated
Bathurst Regional CouncilLocal Government24 Mar 99

Statement of significance:

The mature Bentinck Street English elms were planted about 1900. They make a significant contribution to the historic townscape of Bathurst.
Date significance updated: 01 Dec 08
Note: The State Heritage Inventory provides information about heritage items listed by local and State government agencies. The State Heritage Inventory is continually being updated by local and State agencies as new information becomes available. Read the Department of Premier and Cabinet copyright and disclaimer.

Description

Physical description: The Bentinck Street English elms (Ulmus procera) form a healthy, evenly spaced avenue of trees of uniform growth to a height of approximately 9-12 metres. The trees are an English elm (Ulmus procera) and are often used as an ornamental tree for parks and large gardens and it is deciduous. There are 13 on the eastern side and 3 on the western side of Bentinck Street between Howick and Durham Streets (Heritage Office files).

Row of thirteen mature elm Trees on the eastern side of Bentinck Street (Carrington Park) & three recently planted trees on the western side of Bentinck Street (Heritage Study, 1991).
Modifications and dates: 1984 proposed 7 lane roadway traffice enhancement scheme requiring removal of 20 elm trees along Bentick Street.

Late 1984 3 separate section 60 applications received.
One application was to remove all 16 trees;
the second to undercut the trees to a clearance of 5.3 metres and
the third to trim the trees.
After consideration the Heritage Council resolved to approve the removal of trees on the western side of Bentinck street, approve undercutting to a maximum height of 4.8 metres above the road and approve the application to trim the trees.
Current use: Street trees
Former use: Aboriginal land, town lot / grid, Street trees

History

Historical notes: Aboriginal people and colonisation.
Aboriginal occupation of the Blue Mountains area dates back at least 12,000 years and appears to have intensified some 3000-4000 years ago. In pre-colonial times the area now known as Bathurst was inhabited by Aboriginal people of the Wiradjuri linguistic group. The clan associated with Bathurst occupied on a seasonal basis most of the Macquarie River area. They moved regularly in small groups but prefered the open land and used the waterways for a variety of food. There are numerous river flats where debris from recurrent camps accumulated over a long period. European settlement in this region after the first documented white expedition west of the Blue Mountains in 1813 was tentative because of apprehensions about resistance from Aboriginal people. There was some contact, witnessed by sporadic hostility and by the quantity of surviving artefacts manufactured by the Aborigines from European glass. By 1840 there was widespread dislocation of Aboriginal culture, aggravated after 1850 by the goldrush to the region (HO and DUAP, 1996, 88).

Prior to European settlement in Australia, the Wiradjuri Aboriginal group lived in the upper Macquarie Valley. Bathurst was proclaimed a town by Lachlan Macquarie on 7 May 1815, named after Lord Bathurst, Principal Secretary of State for the Colonies (Barker 1992:25). Bathurst is Australia's oldest inland township. It was proclaimed a town in 1815 with the discovery of gold.

Bathurst:
Governor Macquarie chose the site of the future town of Bathurst on 7 May 1815 during his tour over the Blue Mountains, on the road already completed by convict labour supervised by William Cox. Macquarie marked out the boundaries near the depot established by surveyor George Evans and reserved a site for a government house and domain. Reluctant to open the rich Bathurst Plains to a large settlement, Macquarie authorised few grants there initially, one of the first being 1000 acres to William Lawson, one of the three European explorers who crossed the mountains in 1813. The road-maker William Cox was another early grantee but later had to move his establishment to Kelso on the non-government side of the Macquarie River (GAO, 2005, 8).

A modest release of land in February 1818 occurred when ten men were chosen to take up 50 acre farms and 2 acre town allotments across the river from the government buildings. When corruption by government supervisor Richard Lewis and acting Commandant William Cox caused their dismissal, they were replaced by Lieutenant William Lawson who became Commandant of the settlement in 1818 (ibid, 8).

Macquarie continued to restrict Bathurst settlement and reserved all land on the south side of the Macquarie River for government buildings and stock, a situation that prevailed until 1826. In December 1819 Bathurst had a population of only 120 people in 30 houses, two thirds being in the township of Kelso on the eastern side of the river and the remainder scattered on rural landholdings nearby. The official report in 1820 numbered Bathurst settlers at 114, including only 14 women and 15 children. The government buildings comprised a brick house for the commandant, brick barracks for the military detachment and houses for the stock keeper, and log houses for the 50 convicts who worked the government farm. Never successful, the government farm was closed by Governor Darling in 1828 (ibid, 8).

Governor Darling, arriving in Sydney in 1825, promptly commenced a review of colonial administration and subsequently introduced vigorous reforms. On advice from Viscount Goderich, Darling divided colonial expenditure into two parts: one to cover civil administration, funded by New South Wales; the other for the convict system, funded by Britain (ibid, 10).

By this time, J.McBrien and Robert Hoddle had surveyed the existing grants in the vicinity. Surveyor James Bym Richards began work on the south side of the river in 1826. But the town was apparently designed by Thomas Mitchell in 1830 and did not open until late 1833 after Richards had completed the layout of the streets with their two-road allotments. The first sales were held in 1831 before the survey was complete (ibid, 10).

In 1832 the new Governor, Major General Sir Richard Bourke, visited Bathurst in October. He instructed the Surveyor General Major Thomas L. Mitchell to make arrangements for 'opening the town of Bathurst without delay' and he in turn instructed the Assistant Surveyor at Bathurst J.B. Richards to lay out the blocks and streets. This was done in September 1833. It is believed that Major Mitchell named the streets, with George Street being named after King George III.

The very architecture of the city (of Bathurst) is a gallery in itself,, Georgian Colonial, Victorian and Edwardian buildings feature in the panoply of architecture, that was classified by the National Trust (of Australia (NSW)) in the 1970s. Bathust can lay claim to some of the oldest buildings in the colony; first Church of England over the Blue Mountains, once part of the Bishopric of Calcutta, Holy Trinity...on the hill at Kelso, St. Steven's Presbyterian, while not the original church, is still one of the oldest Presbyterian churches in the colony, Old Government Cottage, near the Macquarie River is part of the original government enclave. Not only is it the first inland European settlement, but it has museum collections of national significance... (Friend, 2021).

Bentinck Street Elm Trees:
The Bentinck Street elms were planted around 1904 and later pollarded.

English elms were favoured/ planted between c.1880 and c.1920 - corresponding with the date of Bentinck Street's elms. Elms are a defining tree of the c.1900 ('Federation') era in Bathurst and a number of inland Australian and NSW country towns of this period (eg: Ballarat, Bendigo, Albury, Orange, Wagga). They were a favoured species of street tree in the second Municipal Street Tree Period in NSW (c1880-1920). Key Bathurst parks such as Machattie Park, and 'competing' parks such as Robertson and Cook Parks, Orange all feature magnificent, mature English elms.
It is significant that downtown Bathurst is characterised by mature elms - as is its chief historical rival, downtown Goulburn. These are the two major early inland cities of NSW (Stuart Read, pers.comm., interpreting Dept. of Planning, 1990, Appendix 3 - chronology of street tree eras and extent of species used in NSW).

In 1984 the Bathurst Action Committee to Secure Unified Planning (BACSUP) contacted the Heritage Council in regard to a proposed 7 lane roadway traffic enhancement scheme that would lead to the removal of 20 elm trees along Bentick Street.

After discussions and meetings with Bathurst Council and consideration of the trees streetscape and historic significance a section 136 Order was signed and placed on 16 trees on 22 August 1994.

At the 6 September 1984 Heritage Council meeting, Bathurst Council presented a detailed submission and discussed alternative solutions to the proposed 7 lane roadway. The Heritage Council resolved to engage an independent consultant acceptable to both the Heritage Council and Bathurst City Council to provide advice on alternative road reconstruction proposals, with consideration of the heritage value of the street trees. The Heritage Council also resolved to recommend to the Minister the making of an Interim Conservation Order be placed over the trees. The Order was gazetted on 14 September 1984.

In late 1984 three separate section 60 applications were subsequently received. One application was to remove all 16 trees, the second to undercut the trees to a clearance of 5.3 metres and the third to trim the trees. After consideration the Heritage Council resolved to approve the removal of trees on the western side of Bentinck street, approve undercutting to a maximum height of 4.8 metres above the road and approve the application to trim the trees.

At its meeting of 6 December 1984 the Heritage Council resolved that it considered it necessary ensure the trees' future to recommend to the Minister that a Permanent Conservation Order be placed on the 16 elm trees.

An exemption under section 57(2) of the Heritage Actwas approved in for periodic regravelling, emergency and routine work to water mains and electrical installations and routine pruning.

A Permanent Conservation Order was placed on 16 August 1985. The trees were transferred to the State Heritage Register on 2 April 1999 (Heritage Office files).

Historic themes

Australian theme (abbrev)New South Wales themeLocal theme
1. Environment-Tracing the evolution of a continent's special environments Environment - naturally evolved-Activities associated with the physical surroundings that support human life and influence or shape human cultures. Other open space-
1. Environment-Tracing the evolution of a continent's special environments Environment - naturally evolved-Activities associated with the physical surroundings that support human life and influence or shape human cultures. Streetscape Tree or trees-
1. Environment-Tracing the evolution of a continent's special environments Environment - naturally evolved-Activities associated with the physical surroundings that support human life and influence or shape human cultures. Cultural: Plains and plateaux supporting human activities-
1. Environment-Tracing the evolution of a continent's special environments Environment - naturally evolved-Activities associated with the physical surroundings that support human life and influence or shape human cultures. Introduce cultural planting-
1. Environment-Tracing the evolution of a continent's special environments Environment - naturally evolved-Activities associated with the physical surroundings that support human life and influence or shape human cultures. Changing the environment-
2. Peopling-Peopling the continent Aboriginal cultures and interactions with other cultures-Activities associated with maintaining, developing, experiencing and remembering Aboriginal cultural identities and practices, past and present. Wiradjuri Nation - living in towns-
3. Economy-Developing local, regional and national economies Environment - cultural landscape-Activities associated with the interactions between humans, human societies and the shaping of their physical surroundings Significant Places How are significant places marked in the landscape by, or for, different groups-Monuments and Sites
3. Economy-Developing local, regional and national economies Environment - cultural landscape-Activities associated with the interactions between humans, human societies and the shaping of their physical surroundings Developing local, regional and national economies-National Theme 3
3. Economy-Developing local, regional and national economies Environment - cultural landscape-Activities associated with the interactions between humans, human societies and the shaping of their physical surroundings Landscapes of passive recreation-
3. Economy-Developing local, regional and national economies Environment - cultural landscape-Activities associated with the interactions between humans, human societies and the shaping of their physical surroundings Landscapes of urban amenity-
3. Economy-Developing local, regional and national economies Environment - cultural landscape-Activities associated with the interactions between humans, human societies and the shaping of their physical surroundings Gardens and landscapes reminiscent of an 'old country'-
3. Economy-Developing local, regional and national economies Environment - cultural landscape-Activities associated with the interactions between humans, human societies and the shaping of their physical surroundings Significant tree(s) providing urban amenity-
3. Economy-Developing local, regional and national economies Environment - cultural landscape-Activities associated with the interactions between humans, human societies and the shaping of their physical surroundings Landscapes and parklands of distinctive styles-
3. Economy-Developing local, regional and national economies Events-Activities and processes that mark the consequences of natural and cultural occurences Developing local landmarks-
3. Economy-Developing local, regional and national economies Exploration-Activities associated with making places previously unknown to a cultural group known to them. Opening Up, 1818-39-
4. Settlement-Building settlements, towns and cities Accommodation-Activities associated with the provision of accommodation, and particular types of accommodation – does not include architectural styles – use the theme of Creative Endeavour for such activities. Building settlements, towns and cities-National Theme 4
4. Settlement-Building settlements, towns and cities Land tenure-Activities and processes for identifying forms of ownership and occupancy of land and water, both Aboriginal and non-Aboriginal 1820s-1850s land grants-
4. Settlement-Building settlements, towns and cities Land tenure-Activities and processes for identifying forms of ownership and occupancy of land and water, both Aboriginal and non-Aboriginal Early land grants-
4. Settlement-Building settlements, towns and cities Land tenure-Activities and processes for identifying forms of ownership and occupancy of land and water, both Aboriginal and non-Aboriginal Surveying by George Evans-
4. Settlement-Building settlements, towns and cities Land tenure-Activities and processes for identifying forms of ownership and occupancy of land and water, both Aboriginal and non-Aboriginal Early farming (sheep grazing)-
4. Settlement-Building settlements, towns and cities Land tenure-Activities and processes for identifying forms of ownership and occupancy of land and water, both Aboriginal and non-Aboriginal Changing land uses - from suburban to urban-
4. Settlement-Building settlements, towns and cities Land tenure-Activities and processes for identifying forms of ownership and occupancy of land and water, both Aboriginal and non-Aboriginal Early farming (cropping)-
4. Settlement-Building settlements, towns and cities Land tenure-Activities and processes for identifying forms of ownership and occupancy of land and water, both Aboriginal and non-Aboriginal Townships-
4. Settlement-Building settlements, towns and cities Land tenure-Activities and processes for identifying forms of ownership and occupancy of land and water, both Aboriginal and non-Aboriginal Suburban Centres-
4. Settlement-Building settlements, towns and cities Land tenure-Activities and processes for identifying forms of ownership and occupancy of land and water, both Aboriginal and non-Aboriginal Early farming (Cattle grazing)-
4. Settlement-Building settlements, towns and cities Land tenure-Activities and processes for identifying forms of ownership and occupancy of land and water, both Aboriginal and non-Aboriginal Administering and alienating Crown lands-
4. Settlement-Building settlements, towns and cities Land tenure-Activities and processes for identifying forms of ownership and occupancy of land and water, both Aboriginal and non-Aboriginal Changing land uses - from rural to suburban-
4. Settlement-Building settlements, towns and cities Towns, suburbs and villages-Activities associated with creating, planning and managing urban functions, landscapes and lifestyles in towns, suburbs and villages 20th century Suburban Developments-
4. Settlement-Building settlements, towns and cities Towns, suburbs and villages-Activities associated with creating, planning and managing urban functions, landscapes and lifestyles in towns, suburbs and villages Shaping inland settlements-
4. Settlement-Building settlements, towns and cities Towns, suburbs and villages-Activities associated with creating, planning and managing urban functions, landscapes and lifestyles in towns, suburbs and villages A Picturesque Residential District-
4. Settlement-Building settlements, towns and cities Towns, suburbs and villages-Activities associated with creating, planning and managing urban functions, landscapes and lifestyles in towns, suburbs and villages Suburban Consolidation-
4. Settlement-Building settlements, towns and cities Towns, suburbs and villages-Activities associated with creating, planning and managing urban functions, landscapes and lifestyles in towns, suburbs and villages 19th Century Infrastructure-
4. Settlement-Building settlements, towns and cities Towns, suburbs and villages-Activities associated with creating, planning and managing urban functions, landscapes and lifestyles in towns, suburbs and villages Urban landscapes inspiring creative responses-
4. Settlement-Building settlements, towns and cities Towns, suburbs and villages-Activities associated with creating, planning and managing urban functions, landscapes and lifestyles in towns, suburbs and villages Beautifying towns and villages-
4. Settlement-Building settlements, towns and cities Towns, suburbs and villages-Activities associated with creating, planning and managing urban functions, landscapes and lifestyles in towns, suburbs and villages Creating landmark structures and places in regional settings-
7. Governing-Governing Government and Administration-Activities associated with the governance of local areas, regions, the State and the nation, and the administration of public programs - includes both principled and corrupt activities. 19th century government - a regional centre-
7. Governing-Governing Government and Administration-Activities associated with the governance of local areas, regions, the State and the nation, and the administration of public programs - includes both principled and corrupt activities. Local government-
7. Governing-Governing Government and Administration-Activities associated with the governance of local areas, regions, the State and the nation, and the administration of public programs - includes both principled and corrupt activities. Developing roles for government - administering public roads and bridges-
7. Governing-Governing Government and Administration-Activities associated with the governance of local areas, regions, the State and the nation, and the administration of public programs - includes both principled and corrupt activities. Public works-
7. Governing-Governing Government and Administration-Activities associated with the governance of local areas, regions, the State and the nation, and the administration of public programs - includes both principled and corrupt activities. Developing roles for government - parks and open spaces-
7. Governing-Governing Government and Administration-Activities associated with the governance of local areas, regions, the State and the nation, and the administration of public programs - includes both principled and corrupt activities. Developing roles for government - building and operating public infrastructure-
8. Culture-Developing cultural institutions and ways of life Creative endeavour-Activities associated with the production and performance of literary, artistic, architectural and other imaginative, interpretive or inventive works; and/or associated with the production and expression of cultural phenomena; and/or environments that have inspired such creative activities. Landscaping - Victorian period-
8. Culture-Developing cultural institutions and ways of life Creative endeavour-Activities associated with the production and performance of literary, artistic, architectural and other imaginative, interpretive or inventive works; and/or associated with the production and expression of cultural phenomena; and/or environments that have inspired such creative activities. Landscaping - 20th century interwar-
8. Culture-Developing cultural institutions and ways of life Creative endeavour-Activities associated with the production and performance of literary, artistic, architectural and other imaginative, interpretive or inventive works; and/or associated with the production and expression of cultural phenomena; and/or environments that have inspired such creative activities. Designing landscapes in an exemplary style-
8. Culture-Developing cultural institutions and ways of life Creative endeavour-Activities associated with the production and performance of literary, artistic, architectural and other imaginative, interpretive or inventive works; and/or associated with the production and expression of cultural phenomena; and/or environments that have inspired such creative activities. Landscaping - Federation period-
8. Culture-Developing cultural institutions and ways of life Creative endeavour-Activities associated with the production and performance of literary, artistic, architectural and other imaginative, interpretive or inventive works; and/or associated with the production and expression of cultural phenomena; and/or environments that have inspired such creative activities. civic setting-
8. Culture-Developing cultural institutions and ways of life Domestic life-Activities associated with creating, maintaining, living in and working around houses and institutions. Ways of life 1900-1950-
8. Culture-Developing cultural institutions and ways of life Domestic life-Activities associated with creating, maintaining, living in and working around houses and institutions. Ways of life 1950-2000-
8. Culture-Developing cultural institutions and ways of life Domestic life-Activities associated with creating, maintaining, living in and working around houses and institutions. Living downtown in a city-
8. Culture-Developing cultural institutions and ways of life Domestic life-Activities associated with creating, maintaining, living in and working around houses and institutions. Living in suburbia-
8. Culture-Developing cultural institutions and ways of life Leisure-Activities associated with recreation and relaxation Outdoor relief-
8. Culture-Developing cultural institutions and ways of life Leisure-Activities associated with recreation and relaxation Tourism-
8. Culture-Developing cultural institutions and ways of life Leisure-Activities associated with recreation and relaxation Going shopping downtown-
8. Culture-Developing cultural institutions and ways of life Leisure-Activities associated with recreation and relaxation Activities associated with relaxation and recreation-
8. Culture-Developing cultural institutions and ways of life Leisure-Activities associated with recreation and relaxation Visiting heritage places-
8. Culture-Developing cultural institutions and ways of life Leisure-Activities associated with recreation and relaxation Going to the park-
8. Culture-Developing cultural institutions and ways of life Leisure-Activities associated with recreation and relaxation Horse riding-
8. Culture-Developing cultural institutions and ways of life Leisure-Activities associated with recreation and relaxation Enjoying public parks and gardens-
8. Culture-Developing cultural institutions and ways of life Leisure-Activities associated with recreation and relaxation Gathering at landmark places to socialise-
8. Culture-Developing cultural institutions and ways of life Leisure-Activities associated with recreation and relaxation Leisure-Includes tourism, resorts.
8. Culture-Developing cultural institutions and ways of life Social institutions-Activities and organisational arrangements for the provision of social activities Community volunteering-
8. Culture-Developing cultural institutions and ways of life Social institutions-Activities and organisational arrangements for the provision of social activities Belonging to an environmental group-
8. Culture-Developing cultural institutions and ways of life Social institutions-Activities and organisational arrangements for the provision of social activities Places of informal community gatherings-
8. Culture-Developing cultural institutions and ways of life Social institutions-Activities and organisational arrangements for the provision of social activities Developing local clubs and meeting places-
8. Culture-Developing cultural institutions and ways of life Social institutions-Activities and organisational arrangements for the provision of social activities Community organisations-
8. Culture-Developing cultural institutions and ways of life Social institutions-Activities and organisational arrangements for the provision of social activities Belonging to an historical society or heritage organisation-
9. Phases of Life-Marking the phases of life Birth and Death-Activities associated with the initial stages of human life and the bearing of children, and with the final stages of human life and disposal of the dead. Commemorative avenue of trees (non-war-related)-

Recommended management:

Recommendations

Management CategoryDescriptionDate Updated
Recommended ManagementProduce a Conservation Management Plan (CMP) 
Recommended ManagementPrepare a maintenance schedule or guidelines 
Recommended ManagementCarry out interpretation, promotion and/or education 

Procedures /Exemptions

Section of actDescriptionTitleCommentsAction date
57(2)Exemption to allow workStandard Exemptions HERITAGE ACT 1977

ORDER UNDER SECTION 57(2) TO GRANT STANDARD EXEMPTIONS FROM APPROVAL

I, Penny Sharpe, the Minister for Heritage, on the recommendation of the Heritage Council of New South Wales and under section 57(2) of the Heritage Act 1977:

revoke the order made on 2 June 2022 and published in the Government Gazette Number 262 of 17 June 2022; and

grant an exemption from section 57(1) of the Act in respect of the engaging in or carrying out the class of activities described in clause 2 Schedule A in such circumstances specified by the relevant standards in clause 2 Schedule A and General Conditions in clause 3 Schedule A.

This Order takes effect on the date it is published in the NSW Government Gazette.

Dated this 29th day of October 2025
The Hon Penny Sharpe MLC
Minister for Heritage

For more information on standard exemptions click on the link below. 		Nov 7 2025

PDF Standard exemptions for engaging in or carrying out activities / works otherwise prohibited by section 57(1) of the Heritage Act 1977

Listings

Heritage ListingListing TitleListing NumberGazette DateGazette NumberGazette Page
Heritage Act - State Heritage Register 0036902 Apr 99 271546
Heritage Act - Permanent Conservation Order - former 0036916 Aug 85 1174324
Heritage studyBentinck Street Elm Trees (group)A67331 May 91   

Study details

TitleYearNumberAuthorInspected byGuidelines used
Bathurst Regional Heritage Study2007A673Robin McLachlan  Yes

References, internet links & images

TypeAuthorYearTitleInternet Links
WrittenDept. of Planning, 19901990Street Trees in NSW: guidelines for conservation and management View detail
WrittenField, Samantha2021Bathurst: City of Museums View detail
WrittenGovernment Architect's Office2005Bathurst Hospital Conservation Management Plan

Note: internet links may be to web pages, documents or images.
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(Click on thumbnail for full size image and image details)

Data source

The information for this entry comes from the following source:
Name: Heritage NSW
Database number: 5045111
File number: EF14/4365; S90/6538, HC31185

Every effort has been made to ensure that information contained in the State Heritage Inventory is correct. If you find any errors or omissions please send your comments to the Database Manager.

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