Frenchs Forest: Gladys Ave boarding house developer wins in court

It’s taken more than three years, but plans for a 55-room boarding house in a northern beaches residential street have just been given the go ahead by a court.

An artist's impression of the entrance to a proposed 55-room boarding house in Gladys Ave, Frenchs Forest, which has been given the go-ahead by the NSW Land and Environment Court. Picture: BKA Architecture

A controversial 55-room boarding house will be built on the northern beaches after a developer won a lengthy legal battle.

Planning authorities who knocked back the $5.6 million development at Frenchs Forest have been overruled by the NSW Land and Environment Court.

In mid-2019 the NSW Government’s Sydney North Planning Panel refused the developer’s application to demolish a house at 16 Gladys Ave — a cul-de-sac — and replace it with a three-storey, 82-room complex with four buildings, a courtyard, a communal roof terrace and parking for 21 cars.

An artist's impression of accommodation at a proposed 55-room boarding house in Gladys Ave, Frenchs Forest. Picture: BKA Architecture

The application, which was lodged before the introduction of a maximum 12-room cap on boarding houses in early 2019, had also been rejected by Northern Beaches Council.

Williamson Building Corporation, the developer, stated that it wanted to provide low-cost accommodation for key workers at the Northern Beaches Hospital, which is just 200m away.

In December 2019 the developer lodged an amended application with 55 rooms, across six buildings with a reduced height of two-storeys and no roof terrace.

The amended plans attracted 75 public submissions, 55 of them opposed to the development.

Permission was given in December last year for another boarding house, with 32 rooms, at 6 Gladys Ave. A seniors living development had recently been approved by the council at 8 Gladys Ave.

The council argued that the amended boarding house plan for number 16 was not compatible with the character of the local area.

An artist's impression of a courtyard, part of the amended plan for a 55-room boarding house in Gladys Ave, Frenchs Forest. Picture: BKA Architecture

In her written judgment Acting Commissioner Jenny Smithson said she was satisfied that the amended proposed development was compatible with the local area’s character and met zoning requirements.

Ms Smithson also found that issues related to privacy, noise and overshadowing for neighbours were “resolved or acceptable in the circumstances”.

“I accept that there will inevitably be some adverse impact to adjoining residents associated with the form of development proposed relative to what exists and what may have been expected prior to the hospital being proposed and subsequently constructed,” she wrote.

“However, I have found that these impacts do not form a sufficient statutory basis to refuse the application given the compliance with the planning controls and how the development was amended.

“I find that it would not be in the public interest to refuse the application based on the evidence.”

Gopala Maurer, who has lived in the street for 30 years, told the court her family’s privacy would be impacted.

Ms Maurer, who is also president of the Northern Beaches Strategic Community Group, told the Manly Daily that neighbours were “distressed, heartbroken and outraged by the judgment”.

“Gladys Ave residents have been fighting these boarding houses in their street for four years.

Gopala Maurer, a Gladys Ave resident, and president of the Northern Beaches Strategic Community Group, who said people were “distressed, heartbroken and outraged by the judgment”. Picture: Adam Yip/Manly Daily

“The street consists of families with young children who are paying large mortgages for what they once thought were their Australian dream homes in a quiet street with a much sought after northerly aspect and sweeping district views to the ocean.

“Well, not anymore.”

Ms Maurer also argued that no redevelopment should go ahead in Gladys Ave until the planning for the proposed new Frenchs Forest Town Centre was finalised.

Interior of one of the units at the boarding house to be built at 16 Gladys Ave. Picture: Williamson Building Corporation

As the proposed town centre plan now stands, the south side of Gladys Ave, opposite the boarding house development, would be zoned for medium density housing.

Ms Maurer said the entire street should be rezoned for medium density so the residents and developers had certainty about the future.

“The street is already ruined so why make the residents suffer further anguish?”

Michael Williamson, from Williamson Building Corporation said he was pleased with the court decision.

“It’s been a difficult journey to get there, very expensive, but we couldn’t be any happier with the outcome.”

Mr Williamson said they were originally hoping to have the development completed at the same time as the nearby hospital so they could offer accommodation to staff.

The units will provide ambient lighting, noise insulation and blinds to block out sunlight in an effort to attract shift workers from the hospital.