Lane Cove Councillors Holding Extraordinary General Meeting to Discuss Compliance with Development Control Plans

    Lane Cove Council is holding an extraordinary general meeting tonight to discuss a development application in the St Leonards South Precinct.

    A Development Application has been submitted for “The Audrey “ at 13 -19 Canberra Ave, St Leonards South. (DA 162/2021).

    The Notice of Motion has been submitted as East Ward Councillors are concerned the development application plans are not compliant with the St Leonards South Development Control Plans.  They are further concerned that the report prepared by the Lane Cove Council planning team approves the non-compliances.

    The Notice of Motion prepared by Councillor Merri Southwood includes the following statement:

    “DA 162/2021 seeks approval of a development that includes several non-compliances with the provisions of the SLS Development Control Plan as detailed in Council’s assessment report: –

    DCP control Required in DCP Proposed Approval proposed in Council Assessment Report?
    Set back from East West link to level 5 6 m at park level 0 m – 3 m YES
    Set back from East West link above level 5 9 m 3 m YES
    Building separation on northern boundary to level 4 6 m (habitable rooms) 2.9 m (level 1)

    3.9 m (level 2)

    Building separation on northern boundary

    levels 5-8

    levels 9 and over

    9 m


    (Habitable rooms)

    6 m

    6 m

    Maximum building length 35 m 39 m YES
    Building depth 18-22 m max 26.4 m for building YES


    The east-west link that runs from Berry Road to Canberra Avenue is the main pedestrian and cyclist thoroughfare in the St Leonards South Precinct. The DCP requires buildings abutting the link to be set back 6m at ground level and 9m from level 6. This requirement was complied with by the development in DA 99/2021 determined by the Sydney North Planning Panel on 4 March 2022.

    As shown in Figure 51 below, it is proposed that the setback for Area 5, across the link from the site in DA 99/2021, will have no setback from the link to level 5 and 3m (rather than 9m) from level 5.

    The Sydney North Planning Panel will be the determining authority for DA 162/2021. The assessment report prepared by Council staff has been provided to the Panel. The report proposes approval of DA 162/2021, notwithstanding the non-compliances with the SLS DCP outlined above.

    It is acknowledged by the elected Council that a decision of Council staff members to recommend approval is based on their professional assessment of the DA.”

    Lane Cove Councillors Making a Statement

    It is argued that if the DA is approved in respect of building depth, length and set back minimums, additional units are created for the benefit of the developer.

    If the recommended resolution is passed, this is a huge statement by Lane Cove Councillors.  It’s putting the Lane Cove Council planning team on notice that the Councillors are looking at Development Applications with a fine-tooth comb and will be insisting on compliance with Development Control Plans.

    Notice Of Motion

    The notice of motion is set out in full below:


    That the elected Council: –

    1. Notes that the Development Control Plan for Locality 8 St Leonards South Precinct (SLS DCP) was the subject of extensive community consultation and that the SLS DCP, as approved by Council on 19 October 2020, was refined to reflect the results of this consultation.
    2. Notes that the community had and continues to have an expectation that Council will, as stated in the report to Council of 19 October 2020, require Development Applications lodged for the St Leonards South Precinct to be constructed and completed to the specifications of the SLS DCP in order to qualify for LEP Incentive Height of Buildings and Floor Space Ratios bonus components.
    3. Notes that Area 5, being the site of DA 162/2021, is the first of 6 remaining contiguous sites that run along the east-west link that have not yet been the subject of a Development Application determination; and
    4. Has strong grounds for concerns that approval of DA 162/2021 with significant non-compliances with the SLS DCP will have a precedent effect in respect of Areas 6, 14, 15,16 and 17.
    5. Authorises the Mayor to make a submission to the Sydney North Planning Panel, in the name of the elected Council, in the terms of this resolution, such submission to:
      (a) request the Sydney North Planning Panel to refuse approval of DA 162/2021 in its current form and to require compliance with the specifications of the DCP, including setback from the east-west link, building separation, building depth, and building length; and
      (b) authorise a Councillor nominated by the elected Council to address the Panel determination hearing for DA 162/2021.

    Lane Cove Council June Meeting

    In addition to this EGM, the Lane Cove Council monthly meeting will be held on Thursday 23rd June at 7.00 pm in the Council chambers.  A link to the Agenda is here.