Residents who live in or around Gatacre Avenue and Allison Avenue Lane Cove have had a win!! The Land and Environment Court has rejected a developer’s plan to construct a 5 Storey Apartment block (with two underground car parking levels) at 1 Gatacre Avenue and 5 Allison Avenue, Lane Cove.
Residents objected to the development on the basis 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 were particularly concerned about the building height breach and setbacks.
Timeline
Locals have been objecting to this development since development application plans were lodged in June 2021.
The Developer’s Plans were put on public display twice.
| Public Notification Period | First Notification Period: 9 June 2021 to 25 June 2021
Second Notification Period: 16 August 2021 to 1 September 2021
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| Submissions Received | First Notification Period: Eighty-One (81)
Second Notification Period: Seventy-Eight (78) Total Submissions (Unique): One Hundred and Six (106)
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Lane Cove Council agreed with residents that the proposed development should not be approved. Lane Cove Council referred the development application to the Lane Cove Local Planning Panel with a recommendation not to approve the development.
The Lane Cove Planning Panel made the following decision on 16 September 2021:
“That the Lane Cove Local Planning Panel refuse a variation to the height of the building prescribed by Clause 4.3 of the Lane Cove Local Environmental Plan 2009, as it is not satisfied that the applicant’s request has adequately addressed the matters required to be demonstrated by Clause 4.6 of that Plan, and the proposed development would not be in the public interest as it is inconsistent with the objectives of that particular standard and the objectives for development within the zone.
That pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 16 September 2021, exercising the functions of Council as the consent authority, refuse Development Application DA65/2021 for the demolition of existing structures and construction of a residential flat building development at 1 Gatacre Avenue and 5 Allison Avenue, Lane Cove.”
Appeal to the Land and Environment Court
On 24 September 2021, the developer commenced a Class 1 appeal against the Lane Cove Planning Panel’s refusal of its proposed development.
On 13 July 2023, Moore J delivered a judgment which showed he had examined the plans, the location of adjoining houses and the Lane Cove Development Control Plan and Lane Cove LEP with a fine toothcomb. He had also listened to the verbal objections at a site meeting and had taken notice of the topography.
When discussing units on the ground floor of the proposed development, Moore J described the amenities (or lack thereof) by quoting Oscar Wilde as follows:
“The Ballad of Reading Gaol is a lengthy poem written by Oscar Wilde in 1896. It is in six parts with multiple stanzas in each part. The third stanza of the first part is in the following terms:
I never saw a man who looked
With such a wistful eye
Upon that little tent of blue
Which prisoners call the sky,
And at every drifting cloud that went
With sails of silver by.”
The developer revised their plans numerous times, including during the Land and Environmental Court hearing. Moore J even noticed fundamental flaws in the plans during the hearing, including a critical retaining wall which was not located on the developer’s land. It was located on an adjoining property owned by a resident who strenuously objected to the development.
Moore J concluded that the development plans were not acceptable due to the following:
“It transpires that, in the final analysis, there are three separate and sufficient reasons why the Company’s proposed development must be refused development consent. These reasons are:
- The unacceptable visual impact on the neighbouring residence at 2A Gatacre Avenue;
- The unacceptable visual impact on the neighbouring residence at 7 Allison Avenue; and
- The fundamentally flawed and unacceptable design of the lowest elements of the Company’s proposed development in its Gatacre Avenue corner adjacent to the site of an approved boarding‑house site, a site which fronts the Pacific Highway (the Highway) upslope.
Although this judgment is lengthier than would ordinarily be the case, this is as a consequence of the necessity to set out in sufficient detail the evolution of the complexity of the proceedings and the relevant evidence and submissions leading to the above three briefly noted reasons for dismissal of the appeal and refusal of development consent to the Company’s proposed development. However, those conclusions have meant that a range of further elements of the contentions raised by the Council (or additional concerns raised in the public submissions from objectors ‑ written and oral) do not require to be addressed.”
When Justice Moore was sworn in as Judge to the Land and Environment Court, the Chief Justice noted:
“Along the way your Honour became an object of fascination to the media. The Sydney Morning Herald’s Mark Coulton wrote in 1992, “Tim Moore was a rare Liberal, smart, articulate and funny, an environmentalist, the National Party hated him.” Louis Garcia wrote, in 1992 also, “His obvious civil libertarian credentials have not endeared him to some right-wingers who even now believe Mr Moore is something of a closet socialist”. Such comments can be dismissed as banter from another time but, from the perspective of 2016, it is remarkable that a Liberal minister could enjoy the respect simultaneously of both Nick Greiner and Bob Carr. Your Honour was always a man of principle, not petty politics.”
Redeveloped Site Background
Developers intended to purchase the Comfort Inn and a house located on Allison Avenue. They were to be demolished and replaced by originally with a 6-storey residential apartment building with street frontages on Gatacre Avenue and Allison Avenue Lane Cove.
The Complex was originally to 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 provided 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 was 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 Were 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. The company’s ultimate holding company is PGIM REAL ESTATE ASIA VALUE PARTNERS IV SCSP. Its shareholders are A4 AU ZETA PTY LTD and WFM NO.10 PTY LTD (a subsidiary of the Winim Group).
The project is listed on the Winim Group website (see below).
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.
In 2021, 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.
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.
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