Developers have acquired around 90 properties in St Leonards South with the hope that the area would be rezoned as higher density residential development. Family homes were to be demolished, and the original Plan allowed for 2400 apartments in towers up to 19 storeys high.
Developers cannot proceed until Lane Cove Council rezones the area and the St Leonards South Planning Proposal is approved (“the Planning Proposal”).
The Planning Proposal has been in development since 2014. The Master Plan area is below and impacts not only the residents living in this area but also any Lane Cove resident that travel along the Pacific Highway or River Road.
Planning Proposal Timeline
| Timeline Milestones | Date | Submissions |
| Stage 1 Develop Evidence Base | 2012 -2013 | |
| Stage 2 Develop Master Plan | 2014/July 2015 | 545 Submissions |
| Stage 3 Develop Planning Proposal | July 2015 – Present | 340 Submissions |
| Review by Independent Planning Panel | 23 July 2019 | IPC states the Planning Proposal will result in overdevelopment. Read More Here
|
| A Charette was convened by NSW Planning (note a charette is a fancy word for a meeting or workshop devoted to a concerted effort to solve a problem or plan the design of something)
|
11 November 2019 | |
| The Charette Outcome Report released | 7 February 2020 | |
| Lane Cove Council schedules an Extraordinary Council Meeting to Discuss Public Submissions, IPC advice and Charette Outcome | 11 May 2020 |
As you can see from the above, this is a complex planning issue. Lane Cove Council is holding a virtual meeting tonight to discuss the planning proposal.
Public Forum
As part of the democratic process, members of the community are invited to speak directly to Councillors during a council meeting on matters on the agenda. This public forum forms part of the Code of Meeting Practice.
The Office of Local Government has issued a circular on how virtual council meeting is to be held and have offered suggestions on how the public can be heard. There are several ways the public can be involved in a meeting and Lane Cove Council has decided not to adopt a procedure where there is active involvement by local residents. All residents were permitted to do was to send an email to Lane Cove Council on the Planning Proposal. Unlike many other councils, public submission will not be made public. Is this a transparent democratic process?
Contrast this with Byron Bay Residents who have four ways to have their views made known to the public.
The question is: Should a major planning proposal be discussed by Lane Cove Council without active public participation?
What’s The Rush?
ITC asked Lane Cove Council why this matter is not deferred until the public can participate. The Lane Cove Council advised as follows:
“Council has continued to conduct business activities throughout the current COVID-19 crisis, and we are acutely aware of the need to do this to ensure economic activity can return.
Planning NSW issued the following email to Council’s General Manager, which was attached to the Mayoral Minute to the last Council Meeting (emphasis added).
From: Marcus Ray ‐ Group Deputy Secretary Planning & Assessment
Sent: Wednesday, 25 March 2020 6:07 PM
To: General Managers
Subject: COVID‐19 response: physical copies of planning documents no longer required
Dear General Managers, First, thank you for your outstanding collaboration in these difficult and trying circumstances. Communities rely on all levels of government to come together in clear focus at times like these, and the team here at DPIE very much appreciate your work and support.
We recognise that Councils offer a broad range of essential services and play a vital role for their communities. While some Councils have reduced access for the public in response to the COVID-19 emergency, it’s important for all of us in the planning system to continue to do the work needed to keep the economy moving, now and in the months ahead. This means determining development applications, progressing planning proposals and continuing to deliver the services that our communities need to move forward.
Communities, jobs, and business continuity all depend on the effort we make today to keep the economy moving forward. We urge you and your colleagues to ensure this work continues to ensure that every council works to ensure the planning system is delivering at maximum benefit to support jobs and economic activity during this difficult time……
To ensure such matters can progress, the State Government altered how Council Meetings can be conducted, and Council is conducting its meeting in line with the changed arrangements.”
In the Cove asked the Department of Planning, Industry and Environment if there was a directive to progress this Planning Proposal.
A spokesperson for the Department of Planning, Industry and Environment has said:
“The Department of Planning, Industry and Environment has not issued a directive to the Lane Cove Council about the timeframe to progress its St Leonards South Planning Proposal.
In February this year, the Department provided the Lane Cove Council with its St Leonards South Design Charrette, Outcomes and Recommendations Report. This will assist the council to progress the St Leonards South Planning proposal.
Any concerns or questions about engagement with the community should be directed to Lane Cove Council.”
This is not a shovel ready project. This is not a plan that will immediately create jobs and economic activity during COVID 19.
The SMH reported the following in an article about fast-tracking planning assessments.
“But Mr Stokes said the focus for the next few months should be forging ahead with plans for employment precincts and creating jobs, not on building houses and apartments.”
Community Consultation
The Plan is being discussed tonight at Lane Cove Council is an amended plan and is different from the Plan reviewed by the IPC. As the Plan is different Lane Cove Council should put the Plan out for community consultation.
The process for when a Council wishes to make changes to a Planning Proposal is covered by s3.35 of the EP&A Act, which states:-
(1) The planning proposal authority may, at any time, vary its proposals as a consequence of its consideration of any submission or report during community consultation or for any other reason.
(2) If it does so, the planning proposal authority is to forward a revised planning proposal to the Minister.
(3) Further community consultation under Schedule 1 is not required unless the Minister so directs in a revised determination under section 3.34.
(4) The planning proposal authority may also, at any time, request the Minister to determine that the matter not proceed.
The Lane Cove Council has said they are not permitted to undertake further community consultation. The Greenwich Community Association does not agree. They say that while there is no obligation to under consultation, it is not prohibited.
You can watch the Lane Cove Council from 7 pm tonight here.
What is your view?
Should the Lane Cove Council be discussing a significant Planning Proposal when the community cannot be part of the public forum?
Should the Lane Cove Council be seeking Community Consultation on the Revised Plan?
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