Wollongong’s Independent Hearing and Assessment Panel voted unanimously to recommend the 21 Bourke Street units be approved by the council, subject to a series of conditions.

The development, by prominent Wollongong firm Realta Enterprises, has been before the panel a number of times as it was built unlawfully, outside the plans approved by council.

In notes to the council, IHAP members pointed out the site’s “history of unlawful building works”.

“The resultant built form is a poor reflection of what was anticipated by the development approval,” the panel said. 

“Much of the design quality has been lost as a result of both lawful and unlawful modifications to the detriment of the built form.”

They have asked Realta to submit amended plans and make physical changes to the building which would move a planter so it can be viewed from the street and install an improved “high design quality” privacy screen.

They will also have to replace a balustrade, provide an amended landscape plan and provide screening to block the view of the fire hydrant and gas infrastructure on Ocean Street.

If these changes are made, the building will be able to be approved without coming back before IHAP.