47A Penrose Street Boarding House DA Referred to Lane Cove Local Planning Panel

    Boarding House Development Application 1/2021 has been referred to the Lane Cove Local Planning Panel as the proposal received more than 10 unique submissions by way of objection.


    The Development Application is seeking approval for a new generation boarding house at 47A Penrose Street Lane Cove.

    The DA proposal involves the demolition of existing site structures and the construction of a mixed-use development incorporating a ground floor commercial tenancy and a new generation boarding house including ground floor reception, managers dwelling and single boarding room with an additional 37 boarding rooms (a total of 36 boarding rooms) over 2 levels above at grade parking for 24 motor vehicles, 9 motorcycles and 9 bicycle lockers accessed from Johnston Lane. The boarding house component is made under the provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009.  See our cover photo for the design concept.

    New generation boarding houses have been proposed in several Lane Cove sites, but have not yet been approved in most cases.  Read more here.

    Lane Cove Council Recommends Against Approving the DA

    The proposal was notified in accordance with Lane Cove Council policy and 76 submissions were received. The submissions generally align with Council’s assessment of the proposal as well as a number of other matters which cannot be used as grounds for refusal under the SEPP (for example, parking).

    The Lane Cove Council has assessed the Development Application against the provisions of SEPP (Affordable Rental Housing) 2009 and considered it unsatisfactory with respect to density and scale (FSR), landscaping, residential uses at the ground floor of a commercial zone and compatibility with the local character of the area.

    The Development Application was not accompanied by a contamination report despite a request being made and the site being adjacent to a service station. This means the Lane Cove Council cannot be satisfied that the proposal would meet the provisions of SEPP 55 – Remediation of Land.

    Being located next to a service station does not of itself mean the proposal will be declined.  The Boarding House Development at 386 /382 Pacific Highway is next to a petrol station and it was approved.

    That DA proposed:

    • 54 Single Rooms (all incl. ensuite & kitchenette);
    • A maximum of 95 boarders; and
    • All existing structures being demolished.

    The Boarding House was approved by the Lane Cove Council by delegation on 13 November 2020.

    The 47A Penrose Street Development Application was accompanied by a Clause 4.6 written request seeking to vary the building height and floor space ratio standard of Lane Cove Local Environmental Plan 2009. The Lane Cove Council noted the Clause 4.6 written request in relation to floor space ratio is not well-founded being predicated on an incorrect calculation of gross floor area without specific environmental planning grounds.

    The Development Application has also been assessed against the provisions of Lane Cove Development Control Plan 2010. The proposal does not comply with the maximum building length, building setbacks contributing to an unacceptable local character impact.

    Further Council’s referral officers have reviewed the proposal and raised a number of concerns including, but not limited to, waste management, vehicle access, impact on street trees, landscaping, internal amenity for occupants and amenity for adjoining properties.

    The Lane Cove Council also raised heritage issues and note that the Development Application should be refused because no assessment has been provided by the applicant as to any heritage impacts to No. 1 Wood Street, Lane Cove West, despite the property being listed in Schedule 5 of LCLEP 2009 as an item of heritage significance.

    The Statement of Environmental Effects erroneously states there is no heritage item within the vicinity of the site. Accordingly, the consent authority could not be satisfied as to what level of heritage assessment is required under Clause 5.10(5)(c) of LCLEP 2009:

    Heritage Assessment: The consent authority may, before granting consent to any development on land that is within the vicinity of land on which a heritage item is located require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item concerned

    The Development Application has been referred to the Lane Cove Local Planning Panel with a recommendation for refusal.

    The Local Planning Panel will review the DA on 21st April 2021.

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