The Canopy Lane Cove – What Might Have Been!!!

Once upon a time, there was an awful outdoor car park located in Rosenthal Avenue Lane Cove.  Now it’s a vibrant well-loved public space called The Canopy.

The Canopy has been a success, and Lane Cove residents love the green space, playgrounds, restaurants and supermarkets.

A quote, often incorrectly attributed to, Margaret Meade is: Never Doubt That a Small Group of Thoughtful, Committed Citizens Can Change the World; Indeed, It’s the Only Thing That Ever Has.

If it was not for the actions of concerned residents, The Canopy area could have been packed with apartments and very little public open space.

The Rosenthal Avenue Car Park

The Rosenthal Avenue car park site was originally residential housing.  Lane Cove Council purchased and subsequently demolished houses to provide for a car park that was heavily used and insufficient for Lane Cove’s parking requirements.

It was an open public car park with 173 public car parking spaces accessed from Birdwood and Rosenthal Avenues. Situated on the car park block were (gross) public toilets and an electricity substation on the Birdwood Lane frontage. About 90 mature and semi-mature trees as well as ground covers and shrubs grew on the land.

Birdwood and Rosenthal Lanes were used to service the rear of properties fronting Longueville and Burns Bay Roads, including those fronting Lane Cove Plaza.

Proposed 1999 Rosenthal Car Park Redevelopment

In  February 1999, the Lane Cove Council announced a design competition for developing the Rosenthal Avenue car park as an underground multi-storey car park with a plaza on top.

In December 1999, the Lane Cove Council called for tenders to develop the carpark with the following objectives:

• further utilise a site which is currently used solely for car parking, in order to increase a return on a public asset;
• increase community facilities in the Lane Cove Village centre; and
• build on the identity and village character of the Lane Cove Village centre in accordance with the vision and objectives as described in the Lane Cove Village Centre Masterplan.

St Hilliers Pty Limited was the successful tenderer.

By a letter dated 19 June 2001, Lane Cove Council’s General Manager gave approval on behalf of the council, as landowner, to the lodgement of a development application by the St Helliers.  Development application No 204/01 was lodged by St Hilliers with the Lane Cove Council on 21 June 2001.

The development application sought approval for a mixed-use development, comprising 93 residential flats, 11 retail suites or shops, a public plaza, three levels of basement car parking and open space.

Originally, 350 car parking spaces were to be provided for public use, 11 spaces for retail use and 132 spaces were to be set aside for residents’ private use.

The DA was notified to nearby owners, and occupants between 31 July 2001 and 27 August 2001 and the council received 175 submissions.

Concerned Expressed by Residents included:

• The public open space should be 50% of the site area in order to be useful and attractive;
• Part of the planned open public space was between residential buildings so not accessible to the public;
• Visitors to the residential section would be likely to take up public car parking spaces;

The Lane Cove Council, on the basis of the submissions, refused St Hilliers DA.

St Hilliers Appeals to the Land and Environment Court

St Hillers lodged an appeal with the Land and Environment Court, and Commissioner Stafford Watts heard the appeal and held a site inspection.

Concerned residents gave oral evidence on site.  Lane Cove residents, Mr P Gibbs, Ms N Thorpe, Ms L Benson, Ms C Gray, Mr D Stuart and Mr J Dressler all gave evidence as to why the DA should not proceed.

In his judgement, Commissioner Watts noted:

“It is also important that where the council is both the planning authority and an interested party, proper planning procedures should be followed, to ensure that the council should be seen to be beyond reproach.”

One of the biggest issues was the percentage of public space.

St Hilliers submitted that 45% of the site area was public open space. The Lane Cove Council suggested that the figure would be more in the realm of 25% of the site area.

Councillor Watts noted:

“The difference between these two extremes, as I understand it, is that the applicant included a gated section of the spine space between the two rows of buildings. Mr Nangle was of the opinion that this space does not have the character of public open space, as it is more useful for visitors to access the private dwellings than for use by the public. Also, the council says that as this area would be gated and closed at night, it would not be in the character of public open space and would be likely to be annexed by the prospective private residents to private use.

The concerned residents, who gave evidence, also pointed to the deficiency of public open space, to its character and to the importance of providing the required 50% public open space in order to maintain the ‘village’ character of the area and to connect with the plaza in the closed section of Burns Bay Road to the south of the land”.

The Land and Environment Court ruled in favour of the Lane Cove Council on the basis of planning law and noted:

“On merit, the application would also fail, as it would provide inadequate public open space, and the internal amenity of the dwelling units would be poor.”

St Hilliers Commences Action in NSW Supreme Court

St Hillers then commenced an action in the Supreme Court.

The North Shore Times (12 November 2004) interviewed the Lane Cove Chamber of Commerce president Brent William and reported:

“..the Council had learnt from the Rosenthal Avenue experience to be more open and consultative. This is what happens when the council takes a closed approach to a strategic development.”

The North Shore Times reported on 5 January 2005:

“Lane Cove Council had ended its four-year battle by paying an undisclosed settlement to St Hilliers over the controversial Rosenthal Avenue scheme.”   They further reported Lane Cove Council had spent more than $500 000.00 in legal fees defending the case.

Concerned Residents

Concerned Residents stood their ground and advocated, for amongst other things, more public space.  Without the actions of a few residents, today, we would not be enjoying The Canopy and the large public area.

Get Involved

Concerned Residents are still advocating for better use of public space. There are several proposals driven by Lane Cove Council that impact public open space.

Residents Associations are a vital part of community consultation.  Get involved with your local Residents Associaton and find out what’s happening in your part of Lane Cove.  Find out more here.