1 Gatacre Avenue, Lane Cove


DA65/2021 - 1 Gatacre Avenue, Lane Cove

The application was for a residential flat building on the site known as the Comfort Inn in Gatacre Avenue Lane Cove.

It was recommended for refusal by Council following the assessment which included objections from nearby neighbours .

The matter was considered by the Lane Cove Local Planning Panel  and the Council's recommendation for refusal was supported.

Subsequently, the applicant lodged  an appeal in the Land & Environment Court.

The appeal was vigorously defended by Council with support from the surrounding neighbours.

Judge Tim Moore delivered his decision on Thursday 13 July 2023.

His Honour dismissed the appeal and summarised the main reasons for refusal as follows:

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:

  1. The unacceptable visual impact on the neighbouring residence at 2A Gatacre Avenue;
  2. The unacceptable visual impact on the neighbouring residence at 7 Allison Avenue; and
  3. 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.

A full link to the decision is here: Gatacre LC Pty Ltd v Lane Cove Council - NSW Caselaw

The Court's decision to refuse development consent to this application is without doubt a welcome outcome for the community.