In the Cove recently published an article about the redevelopment of St Andrews Church (corner of Finlayson Street and Rosenthal Avenue Lane Cove) from a stand-alone church and hall into a mixed-use 8-story building. The development will include a new church, a 418-seat auditorium, 47 residential apartments, and retail space. You can read the article here.
The 47 residential apartments and two levels of basement parking and servicing areas will be accessed from Finlayson Street. The Auditorium will have a ground floor (274 seats) and a Mezzanine (144 seats).
The development will be higher than the Lane Cove Council planning regulations permit.
However, by a proposed Voluntary Planning Agreement, Lane Cove Council will offset 599 square meters of the auditorium space with an equivalent amount of additional residential floor space, which will necessitate a breach of the building height limits (information obtained from the Lane Cove Council August 2024 Agenda Papers).
On Saturday, 22 March 2025, a group of Finlayson Street residents met with Lane Cove Mayor Merri Southwood and three Central Ward councillors, Deputy Mayor Bridget Kennedy, Councillors Caleb Taylor, and Kathy Bryla, to discuss their concerns with the development.
The main issues concerning the Finlayson Street residents are:
- The Development is too high relative to the streetscape and not in keeping with the Lane Cove Village footprint. The extra levels are because the Council and the developer enter a Voluntary Planning Agreement.
- Inadequate onsite parking, particularly if there is an event that fills the auditorium.
- All vehicles, including delivery vehicles, will travel along Finlayson Street, which is already a busy street due to traffic entering and exiting the Canopy car park.
- They are querying the need for a 418-seat auditorium, which has or will have for hire in the Lane Cove Local government area the new Lane Cove Public School Hall, the Pottery Lane Performance Space, and soon the Lane Cove Sport and Recreation facility (which will have four flexible program spaces for recreation and leisure activities, functions, and events and one multi-purpose space with sprung timber floor).
- Some Finlayson Street residents noted that they did not receive notice of the Development Application and only discovered it accidentally when talking to neighbours. Other residents pointed out that the neighbour notification letter was dated 12 February 2025; however, some neighbours received the letter on 19 February 2025.
Finlayson Street residents also noted that a separate notification letter about the Voluntary Planning Agreement sent by Lane Cove Council at the time the Development Applicaiton Notificaton Letter was sent.
The Lane Cove Council policy on Notification of Development Applications states:
“A sign notifying of a Residential Flat Building or significant development application shall be erected on the premises where the development is proposed to take place. A significant development application is one that would potentially impact on properties greater than adjoining and nearby neighbours and/or determined by the General Manager.”
The Lane Cove Council did not erect a Development Application Notification Sign.
The DA Notification Letter did refer to a Voluntary Planning Agreement and noted more information could be found on their website (see an extract of the letter below).
Voluntary Planning Agreement – Lane Cove Council Agenda Item August 2024
In 2024 Lane Cove Councillors were asked to vote on the following resolution
That Council:
- receive and note the report.
- give notice of its intention to enter into a Voluntary Planning Agreement as outlined in the report with the Developer of the subject site in accordance with the consultation strategy outlined in the report; and
- Following the community consultation, a further report be submitted to Council for determination.
The resolution was passed six in favour and two against (Councillors Southwood and Flood). The then Mayor, Councillor Andrew Zbik left the chambers while the matter was discussed as he disclosed that his family were Church congregation members.
What is a Voluntary Planning Agreement?
Voluntary Planning Agreements (VPA) in New South Wales are legally binding contracts between developers and planning authorities, usually local councils or state government agencies, designed to ensure that developments contribute positively to the community.
As a party to a VPA, a developer agrees to provide certain benefits or contributions to the community in exchange for certain concessions from the planning authority. These contributions can include monetary payments, land dedications, or the provision of public facilities such as parks, schools, or community centers.
Public Participation and Comment
Once a VPA has been negotiated, it may be publicly exhibited for at least 28 days. While councils are only required to publicly notify draft VPAs, the Department of Planning, Housing and Infrastructure is of the view that best practice is to treat this notification period as a formal exhibition and accept and consider public submissions.
The NSW Draft Practice Note 2024 on planning agreements includes the following:
“This will ensure greater transparency and probity and provides the community with an opportunity to give feedback on the draft agreement that council can consider when making a decision. Public participation in the planning agreement process is important to gain community input into decisions about public benefits and development. Planning agreements redistribute the costs and benefits of development, and the public should have a say on whether they think the balance between development and public benefit is being delivered.”
Lane Cove Council did adopt best practices by publicly exhibiting the VPA and asking for submissions. The submissions will be collated, and a report will be prepared for the councillors to consider. The VPA was exhibited here.
Why Was There a Delay Between the 2024 Council Resolution and Public Exhibition of the VPA
Generally, there will be delays between a council resolving to exhibit a VPA and its public display. A development application can be withdrawn at any time when a council and the developer discuss a DA (for example requesting further information and reports to accompany the DA). VPAs can be complex and require extensive negotiations between parties. This complexity can lead to delays as both sides work to finalise the terms of the agreement. A draft VPA was not attached to the council resolution referred to above.
Details of this Specific VPA
The council will offset 599 square meters of the auditorium space with an equivalent amount of additional residential floor space, necessitating a breach of the building height limits (information obtained from the Lane Cove Council August 2024 Agenda Papers).
The auditorium will be managed by the LCM Parish with community use fees in line with Council’s community use fees and agreed upon by Council. The Parish will administer the bookings utilising an online platform (auditable by the Council). The Parish will receive all revenue from third-party bookings and pay for all operational and maintenance costs associated with the auditorium. The auditorium/hall will be available for public bookings for approximately 70% of the total time (50% of peak times Friday and Saturdays), excluding:
Sundays and Christian holidays (55 days per year).
Friday nights during term (3:00pm – 12:00am, 40 days per year) noting Youth Group during school term is open to all the community.
Saturdays (11 per year).
Church Camp (3 days per year).
Monday Pupil-Free days (4 days per year).
Prayer and Praise (7:30pm – 9:00pm, 4 nights per year).
Thursday Night Church Band Practice (52 days per year).
The times above will be regularly reviewed by council.
Who Should Be A Party to the VPA?
The Voluntary Planning Agreement is between the developer and the council. The landowner, the Anglican Church Property Trust Diocese of Sydney, is not a party to the VPA. The Developer has been working with Sydney Anglican Property.
The VPA includes obligations that can only be met by the Anglican Church (the community’s use of the hall).
A fundamental rule of law is the doctrine of privity of contract that only parties to a contract can enforce or be subject to the benefits or obligations under that contract.
In this case the Anglican Church is to enter into a licence agreement to ensure community use of the auditorium. It is noted that the Lane Cove Council is not dealing with a special purpose vehicle or $2 shelf company, they are dealing with the Anglican Church. However it is standard legal drafting practice to include all entities that are obligated to another party to be included as a party to the agreement.
This is recognised by Planning NSW who note in their current practice note that a planning authority should give regard to who should be a party to the agreement – read the last sentence first paragraph below.
Support From The Performing Arts Community
The Lane Cove Performing Arts community members have voiced their support for the development, particularly the inclusion of the 418-seat auditorium. Individuals such as a parent of a child in the Lane Cove Youth Orchestra, the Lane Cove Community Bands, and Lane Cove Music have expressed enthusiasm for the potential performance space.
What Are the Next Steps?
The Voluntary Planning Agreement allowing the extra height will be sent back to the Lane Cove Council for approval, along with a summary of the community’s issues.
The Sydney North Planning Panel will decide on the Development Application. Lane Cove Council planning staff will prepare a report and lodge it with the panel; Lane Cove councillors are not involved in the process.
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