Residents who live in or around Gatacre Avenue and Allison Avenue Lane Cove are concerned about the proposed redevelopment of the Comfort Inn in Lane Cove.
Update: New plans have been submitted and residents have until 31 August 2021 to submit comments on the new plans.
At the bottom of this article is the latest submission from a resident who has reviewed the plans
Redeveloped Site Details
Developers will purchase the Comfort Inn and a house located on Allison Avenue. They will be demolished and replaced by a 6 storey residential apartment building with street frontages on Gatacre Avenue and Allison Avenue Lane Cove.
The Complex will have 61 apartments in the following configuration:
- 14 x 1 bedroom
- 20 x 2 bedroom
- 17 x 3 bedroom
- 9 x 4 bedroom
- 1 x 5 bedroom
The plans provide for 121 car parking and visitor parking spaces. This slightly exceeds the minimum requirement for parking required by the Lane Cove Council (which is 115 car parking spaces).
Are Apartments Permitted in this Area?
The land is zoned R4 High-Density zone under the Lane Cove Local Environmental Plan 2009 (LEP), and apartments are permitted. However, the land is very close to an R2 low-density zone which is primarily houses. The development is located on a very steep hill.
ITC has reviewed many apartment development applications over the years. This application is very similar to others where the developer is seeking an extension to the maximum height permitted in the Lane Cove Councils LEP.
The Statement of Environmental Effects includes the following:
“The architectural plans indicate that the proposed development has a maximum height of 17.7m to the parapet roof within the eastern wing in accordance with the definition of height under LCLEP 2009. It is also noted that the proposal is non-compliant to the parapet roof within the western wing fronting Gatacre Avenue, with a maximum height of 17.65m. The proposal is therefore non-compliant with the development standard and seeks a maximum variation of 2.7m or 18% to the parapet roof fronting Allison Avenue. It is also noted that a minor portion of the roof above Level 4 is non-compliant within the western and eastern wings.
The height breach is at its greatest for the south-eastern edge of the parapet roof fronting Allison Avenue. This results in a maximum height variation of 17.7m for the eastern wing of the development and is a maximum variation of 2.7m or 18%. With regards to the western wing, the maximum height breach of 17.65m is to the parapet roof located fronting Gatacre Avenue. The topography is considered to be the site-specific reasons for the extent of this variation, given the significant cross fall from the northern to southern (side) boundaries and fall from Gatacre to Alison Avenue.”
Why Are Neighbours Opposed to this Development?
A spokesperson for the local residents told ITC they know the land is located in R4, and the site will eventually be developed. However, they argue that the steep nature of the site should be taken into account, and any development should be compatible with the local character of the streets. They are particularly concerned about the building height breach and setbacks.
In 2019, The Sydney Morning Herald wrote an article on building heights and quoted Planning Minister Rob Stokes. The article said:
“Planning and Public Spaces Minister Rob Stokes said new developments should complement existing neighbourhoods.
“Height is only one consideration in planning the future growth and character of an area, alongside form, scale, public space, and infrastructure capacity,”
Both Alison Avenue and Gatacre Avenue are narrow local streets with limited street parking. Residents argue, if approved, the development will a huge impact on the already congested and narrow streets in the local area. The number of car parking spaces will not be enough for the number of expected residents and guests.
The development is located behind the 99 Bikes building on the Pacific Highway, which will also be redeveloped. A DA was approved for a next-generation boarding house at 382 Pacific Highway Lane Cove. This Development will have:
- 54 Single Rooms (all incl. ensuite & kitchenette);
- There will be a maximum of 95 boarders;
- 27 car parking spaces and 14 Motorbikes; and
- All existing structures will be demolished.
The Boarding House was approved by the Lane Cove Council by delegation on 13 November 2020. Read more here about next-generation boarding houses.
The Comfort Inn owners submitted comments on the proposed boarding house development application and noted:
“Once this boarding house is operating, we have concerns regarding the small amount of parking for the residents of said boarding house. This area of Lane Cove already suffers from a shortage of street parking. We are already experiencing overflow parking of residents from the recently constructed boarding house illegally parking on our property. We are having to attempt to contact people on a regular basis to have them remove vehicles from our property. This development would exacerbate an already existing problem. Our guests and staff currently park on land owned by us and upon which we pay rates to Lane Cove Council. We simply seek that this development’s parking needs be met in a similar fashion.”
Who is the Developer?
Gatacre LC Pty Ltd has submitted the Development Application. This company is part of Winim Group.
This is not the first time the Winim Group have looked to develop property in Lane Cove. The Winim Group sold 9 Mafeking Lane Cove after DA approval and another company developed the site.
ITC contacted the Winim Group to ask for their comments on the resident’s concerns. Their town planners provided the following comment:
“The proposed development application involving the construction of a 6 storey residential flat building is development permissible with consent on the site which is zoned R4 High-Density zone under the Lane Cove Local Environmental Plan 2009 and has been designed to in consideration of all relevant planning standards and controls. The proposal has been designed by highly regarded architects, Rothelowman.
The Applicant will be following due process for the assessment of the application by Lane Cove Council, which given the application is a development to which SEPP 65 applies, will be required to be determined by the Local Planning Panel.”
History of the Comfort Inn
The Comfort Inn has been part of the community since the 1960s. It was the first Country Comfort hotel in Australia.
In 2003, Ian and Lula Hackney purchased the Country Comfort hotel. They were very experienced hotel operators after 25 years of operating country motels in Murrurundi NSW, Toowoomba QLD and Kiama NSW.
The Hotel posed an exciting new challenge for the Hackneys, and within 6 months, extensive refurbishments were completed. The hotel was re-launched with Choice Hotels Australasia as ‘Comfort Inn North Shore’.
The Comfort Inn has 43 units and car parking for guests. It’s time for the Hackney’s to retire. Ian Hackney told In The Cove that the Comfort Inn, and hotels like it, have had their day and are declining in popularity. They will continue to operate Comfort Inn and service their guest while the development application is processed.
How Do I View the Plans?
If you are interested in reviewing the DA and the associated plans and documents – click here.
You can view a 3D model of the Development here.
How Do I Comment on the Plans?
The Public can comment on the plans by submitting your comments in writing and emailing them to [email protected] by 19 June 2021. You must quote DA 65/2021 when submitting your comments.
Lane Cove Council’s Neighbour Notification Process
For a considerable period of time In the Cove has been asking the Lane Cove Council to improve the way it notifies neighbours of development applications. At one stage, the notices were being sent out by post and taking days to reach neighbours (due to Australia Post changing its delivery days). This is a problem when there is only a short window of time to comment on a development application (usually between 14 to 16 days).
The neighbours only found out about this development after seeing a notice at the development site. In the Cove was taking pictures of the site, and we did not notice any signage about the development.
A Lane Cove Council DA notification letter dated 4th June 2021 appears to have been hand-delivered to neighbours. One neighbour told us they received the letter on 10th June 2021, and this leaves very little time for neighbours to review and comment on the documents.
It is also strange that this development is not included in the list of Currently Advertised DA’s on the Lane Cove Council site – we will let the Lane Cove Council know that the site has been omitted.
ITC will also be attending the next Lane Cove Council meeting and again requesting a better DA neighbour notification process be implemented.
Cover Photo
Our Cover Photo was sent to us by the Gatacre Avenue/Allison Avenue Residents Group and shows some of the members of that group outside the Comfort Inn.
RE: Objection to Development Application No. 65/2021
Location: 1 Gatacre Avenue & 3-5 Allison Avenue, Lane Cove
Copy to: Councillor Pam Palmer (Mayor), Councillor David Brooks-Horn, Councillor Francis Vissal, Hon Anthony Roberts – Member for Lane Cove
I am writing to object to the proposed Development Application lodged for a 6 storey residential development comprising 60 units at 1 Gatacre Avenue and 3-5 Allison Avenue.
The revised DA application has not substantially changed to the original submission; and therefore retains the majority of its original non-compliances to the controls and guidelines set down by the Lane Cove Local Environmental Plan 2009 (LCLEP2009), the Lane Cove Development Control Plan (LCDCP) and the Apartment Design Guidelines (ADG).
Very few of the concerns raised in the previous 84 objection submissions by local residents or the Council’s Design Review Panel (DRP) comments have been addressed adequately.
I would like to submit the following objections to the application in its current form and for the reasons identified below the development consent should be refused.
Height
The Lane Cove LEP permits a maximum permitted building height limit of 15 metres for this site which is equivalent to a maximum of 4 storeys based on a minimum of the required 3.1 metres per level.
The proposed building height is 6 storeys with a maximum building height of 18.85 metres when measured on the submitted architectural plans (TPO3.01) by Rothelowman Architecture from the existing ground level (RL 92.550) to the highest point of the building (RL 111.400). The height increase on top of the 15 metre height limit control is 25.67%, which is a substantial variation and a non-compliant building height.
It should be noted that the amended DA Statement of Environmental Effects included within the DA documents states a maximum height of 17.4m, which is still non-compliant with a variation of 2.4m which equates to being 16% over the height limit.
The proposed building height does not respond or consider the ADG guidelines which state that a lower building height should be applied on both steep sloping sites and also on R4 sites bordering R2 low density zones; which both apply on this site.
This excessive height impact is far more significant in this location given the steep gradient of the land, which will significantly increase the visual impact of the building on the surrounding low rise residential area. Accordingly, the proposed developments height should be significantly reduced below the maximum 15m height limit.
Solar Access & Overshadowing
The proposal is non-compliant to the Lane Cove DCP for required solar access to the neighboring properties located at 2A Gatacre Avenue, 7 Allison Avenue and 17 Haldane Crescent. The development would also have a significant impact on all the residential properties located on Allison and Gatacre Avenues, particularly in the mornings.
The height difference due to the steep topographical incline between the site and the R2 low density zone to the southwest exacerbates the significant overshadowing impacts created by the non-compliant proposed development.
The proposed development has a very wide frontage with a continuous building form of 92m extending from Allison Avenue to Gatacre Avenue. There are no breaks in the building form, so there is less ability for the sun to penetrate through the structure casting a wide shadow over the adjacent R2 zone. Therefore, the current single building should either be split into two buildings or at least a substantial break in the building form incorporated into the design.
Setbacks
South West Elevation Setback – The ADG and the Lane Cove DCP setback distance requirements state a minimum setback of 9m where the R4 zone boundary borders a R2 low density residential zone. The proposed development states a 6m setback to the building structure, which is non-compliant. The setback from the existing R2 low rise residential houses is crucial, particularly given the proposed development sits above the adjacent low rise residential houses.
Northern Elevation Setback – The ADG and the Lane Cove DCP setback distance requirements state a minimum setback of 9m for habitable rooms for a building of 5-8 storeys. The proposal only provides a 3m setback to the building façade, which is non-compliant.
West & East Elevation Street Setbacks – The ADG and Lane Cove DCP state that street setbacks should be consistent with the current streetscape in which the majority of the houses on Allison Avenue and Gatacre Avenue are setback by at least 6m to the pavement and 9m to the road (as indicated on drawing TP01.03 in the architects plans which clearly shows the current setback of 7 Allison Avenue). The ADG also states that the required setback to streets should provide a landscaped setback that contributes to the residential character of the street that is not evident in the DA design. The DA proposal has a 3m setback to the building façade on Allison Avenue and Gatacre Avenue, which are both substantially non-compliant. it should be noted part of the building structure on Allison Avenue is located on the site boundary with no setbacks.
Rooftop Communal Open Space – On the North Eastern boundary the proposed swimming pool and decking is only setback 6m and so is non-compliant as does not adhere to the required minimum 9m setbacks in the ADG.
The proposed buildings non-compliance of the required setbacks results in the development causing both insufficient building separation and privacy issues especially for the adjacent R2 low rise zone. The proposed building is not in harmony with the character of the adjacent R2 Low density zone.
As the proposed development is on a sloping site, the ADG guidelines state should also consider increasing the side and rear setbacks where the new development is uphill to minimise overshadowing and assist with visual privacy, which is not evident in the DA proposal.
Landscaped Area
The DCP states a minimum of 40% of the site area is to be planted; comprising 25% landscaped area and a further minimum of 15% planting on structures or landscaped area. The revised proposal provides a total landscaped area of 1,263.4 m2, however the majority 706.8m2 (23.8%) is soft and podium landscaping.
The Lane Cove DCP controls require 25% deep soil and the proposal only includes 556.6m2 or 18.7% as deep soil landscaping, which is non-compliant by 25.2%. Of the deep soil only 208.4m2 (7%) has a minimum dimension of 6m and the ADG recommends this should be 15% of the site area i.e. 445m2.
It is especially important that the correct deep soil zones are located on the South West boundary bordering the R2 Zone as there are already severe flooding issues within the below R2 zone after heavy rain and so the required deep soil zone would allow the filtration of rain water into the water table and reduce storm water runoff.
The proposed building will dominate the North Eastern skyline given the steep natural slope and so wider deep soil zones within the required 9m R2 zone border setbacks are needed with significant trees to minimise the visual impact of the building.
The proposal does not provide a sufficient landscaped treatment of all the setback areas. There is an inadequate landscape buffer or deep soil zones along the South Western boundary of the proposed development and the existing low density R2 residential houses. This will detrimentally impact the amenity and privacy of the properties in the lower density zone.
Visual Amenity
The impact of the excessive building height and the scale are seriously out of context with the adjacent low density residential area. This is exacerbated by the site being located on top of the ridgeline and the surrounding topography which is heavily sloping down from Pacific Highway.
The ADG clearly states that where a transition building from a R4 to R2 zoning that it should be cognizant and respond to the change in the lower density zone on its boundary.
The ADG also states that on steep sites that a varied height control can be applied that steps down towards the lower level of the site. This could be achieved by incorporating a step down of the building height from a maximum of 15m on the NE boundary down to 9m on the SW boundary bordering the R2 zone.
The proposed development has a very wide building frontage of 92m extending from Allison Avenue to Gatacre Avenue. There are no breaks in the building form, so the continuous building structure looms heavily over the adjacent R2 zone and the visual impact is exacerbated by the steep topography.
Privacy
The revised communal rooftop deck layout has changed with the internal gym becoming an outdoor gym and the swimming pool moved to the edge of the rooftop bordering Allison Avenue. These changes will now result in even more excessive noise for the surrounding R2 houses, which will be heightened by steep topography and the narrow gully between Allison Avenue and Gatacre Avenue. In terms of privacy and noise impacts on the surrounding area the gym should be located within the building and the swimming pool removed from the rooftop deck.
The proposed developments breaches in height, setbacks and landscaped area will result in a substantial impact from the proposed apartments on the privacy the adjoining R2 residential houses.
Car Park Access
Access to the building car park is proposed via Allison Avenue which is narrow street of 7m and so not well suited to the significant increase in traffic numbers resulting from the proposed development. If developed as proposed it will create too much pressure on Allison Avenue and will also exacerbate the already dangerous Allison Avenue / Pacific Highway junction with traffic exiting onto the 3 lane Pacific Highway and into the Lane Cove Tunnel entrance.
It should be noted that the current Comfort Inn Motel at 1 Gatacre Avenue has access points on dual street frontages of both Gatacre Avenue and Allison Avenue, which is not taken into account within the DA Traffic Study Report. A similar dual access should be recommended for this proposed development with access via Allison Avenue and egress via Gatacre Avenue.
Traffic
The amount of apartments contained within the current proposal and the associated 113 parking spaces will have a significant detrimental impact on the locale in terms of traffic efficiency, amenity, safety and pedestrian safety. The traffic report understates the impacts of the proposed development on the local traffic network of narrow streets. As the proposal would generate increased traffic by approximately 180%, this is not simply a ‘negligible impact’ to local traffic as stated in the traffic report.
The junction of Allison Avenue and Pacific Highway is already dangerous and so the accident potential for cars exiting Allison Avenue onto the 3 lane Pacific Highway or entering directly into the Lane Cove Tunnel will be vastly increased. The existing dangerous junctions at Cobden Avenue & Joseph Street as well as Allison Avenue and Kimberley Avenue will become substantially worse.
Communal Space
The proposed development does not comply with communal space requirements. 25% of the site area i.e. 741m2 is to be ground floor communal space and should ideally be collocated within deep soil zones. The proposed development only provides 532m2 at ground level.
The SoEE (Statement of Environmental Effects) justifies this by providing rooftop space, however the ADG states that rooftop communal space can only contribute to the 25% requirement if the development is either on a small lot, in a business zone or in a dense urban area; none of which are applicable in this case.
Tree Impact
There are currently 13 trees located on the site and all are proposed to be removed. These include the protected Norfolk Island Pine (1), Jacaranda (1), Vibernum (1) and Lilli Pilli (5). If the proposed development had the correct required minimum 9m setbacks, then not all the trees located on the site boundaries and Gatacre Avenue would require removal.
Summary
This revised DA proposal still contains major breaches including the non-compliance of the ADG and Lane Cove DCP required height, setback and landscaped area planning controls. As a consequence, these combine to make the proposed building design out of scale in terms of density, bulk and height with the surrounding character of the area.
The proposed development is neither consistent nor is in context with the character of the adjacent R2 low rise residential houses. The ADG states that where a transition building from a R4 to R2 zoning that it should be cognizant and respond to the change in the lower density zone on its boundary which this proposal does not.
The ADG recommends that on steep sites such as the subject site that a varied height control should be applied that steps down towards the lower level of the site. This could be achieved by incorporating a step down of the building height from a maximum of 15m on the NE boundary down to 9m on the SW boundary bordering the R2 zone.
The excessive height impact is far more significant in this location given the steep gradient of the surrounding land, which will increase the visual impact of the building on the adjacent low rise residential R2 area. The proposed development has a very wide building frontage of 92m extending from Allison Avenue to Gatacre Avenue. There are no breaks in the building form, so the continuous building structure looms heavily over the adjacent R2 zone and the visual impact is exacerbated by the steep topography.
There is a cumulative impact from all the above issues and concerns raised. If approved this proposal would have a detrimental impact on the privacy, solar access and overshadowing of the surrounding local area. The proposed development proposal is non-compliant with the planning rules and regulations laid out in the ADG and Lane Cove DCP. There is no valid justification or financial viability that prevents the DA applicant from adhering to the planning rules on this site.
I have absolutely no issue with a compliant design that takes into account the adjacent R2 zone and steep topography of the land; but not one that does not comply resulting in serious amenity impacts on both my property and the surrounding area.
Due to the objections and non-compliant issues stated It is not in the public interest and nor should it be in Lane Cove Council’s interest to approve the revised DA proposal in its current form; and on this basis the proposed DA should be rejected.
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