The almost complete five-level building at 21 Bourke Street was approved by the council in 2010, after 21 residents raised objections due to concerns about their views, privacy and overdevelopment on the narrow block.

In the past nine months, developers have lodged several requests to modify the development consent. 

However, as council staff have noted in a recommendation to the Independent Hearing and Assessment Panel (IHAP), the majority of the modifications “have already been made to the building during the course of construction”.

The latest modification request, which will be considered by IHAP next week, asks for alterations to the roof and an extension of a balcony on level five, an additional terrace on level four and the inclusion of privacy louvres on some of the upper level windows.

Eight residents have lodged objections to these proposed – but already made – changes, saying they would further reduce privacy.

Most also objected to the “completion of unauthorised works by the developer” saying “the developers have proceeded to complete the development inclusive of elements which have not been supported by council”.

Despite a reprimand noting “it is not ideal or preferable to seek retrospective approval for unauthorised works” the council has recommended the application be conditionally approved.

“On balance, it is considered that the modified development is appropriately designed with regard to the character and amenity of the surrounding area,” the staff report said.

“Some of the concerns [from residents], whilst technically unresolved, are not considered sufficient to warrant refusal.”

However, they also noted, that “if any aspects of the modified application are not supported and have been constructed without consent, the developer will be required to bring the building into compliance with the development consent.”

IHAP is due to consider the modification proposal at a meeting in Wollongong next Wednesday.