By Megan Gorrey
An apartment block that has become a lightning rod for debate over a major redevelopment on Sydney’s lower north shore has been approved by a planning panel, despite strident opposition from residents and councillors.
Councillors from Lane Cove voted at an extraordinary meeting in June to oppose developer Hyecorp’s proposal for a 12-storey apartment building on Canberra Avenue in St Leonards, despite council staff recommending that the project had merit and should proceed.
An artist’s impression of the “St Leonards South” precinct, showing nearly 2000 homes in buildings up to 19 storeys.
The proposal was among the first to be considered for the St Leonards South precinct, which the state government approved for higher density development in 2020. That decision cleared the path for developers to bulldoze more than 100 homes to build nearly 2000 apartments in buildings up to 19 storeys in the next decade.
Resident Sue Yellend told the extraordinary meeting the proposal was “a watershed moment” and could set a precedent.
“This development application is only the second to be submitted for St Leonards South. There are another 17 sites which will have DAs submitted in the future.”
The Sydney North Planning Panel sided with the council’s positive assessment in approving the proposal for 81 apartments and community facilities last Monday.
Councillors had argued the proposal breached the council’s development control plan (DCP), which provides detailed planning and design guidelines, because the building would not be set back far enough from a planned pedestrian boulevard, known as the “east-west link”.
In turn, the developer argued the relevant planning controls were guidelines and could not be enforced.
Lane Cove mayor Andrew Zbik said the planning system was flawed if councils could not enforce their own controls for new developments.
The Sydney North Planning Panel approved Hyecorp’s plans to build a 12-storey apartment block on Canberra Avenue at St Leonards South.Credit: Hyecorp
“The system doesn’t give the rigidity that we want,” Zbik said.
In its decision approving the project, the planning panel said residents had been worried about the building’s height and size, solar access, traffic, parking, and the impact on nearby Newlands Park.
The panellists also acknowledged there had been “considerable debate about compliance with the [development control plan]’s guideline setbacks”.
“The panel notes the applicant and council consultations have resulted in the setback minor non-compliances being offset by significant community benefit in design excellence and facilities.”
Hyecorp managing director Stephen Abolakian said the development complied with the legal planning controls, and there was a degree of flexibility around the council’s development control plan.
“The planning panel and the design excellence panel didn’t concern themselves with whether the DCP was enforceable, or was incorrectly drafted, or the setbacks did or didn’t apply, it was around the merits of the application and the design excellence.”
Independent councillor Merri Southwood told a recent council meeting that the matter had raised possible issues with the council’s development controls for the site.
“It’s important to address because this issue relates not just to this one property, but to the entire east-west link where several properties will abutt it,” Southwood said.
Councillors resolved to consider a review of the DCP and the council’s legal planning controls - known as a Local Environment Plan (LEP) - for the area. They also decided to write to Planning Minister Anthony Roberts, subject to legal advice, about whether they could pause the assessment of development applications for the site.
Abolakian said early plans for the precinct had envisaged about 95 units on the site, but the development would include 81 units with community facilities including a childcare centre, café and an outdoor play area.
He hoped construction on the project would begin later this year. In March, the planning panel approved a proposal to construct 319 apartments in buildings up to 10 storeys on another Canberra Avenue site.
Our Breaking News Alert will notify you of significant breaking news when it happens. Get it here.