Wollongong City Council has agreed to amended plans for a shop-top housing complex next to Corban Quality Used Cars on Flinders Street, despite objections from the public.
Developer Artro Management Pty Ltd lodged an application with the council in November 2017 for the demolition of existing structures at 27 Flinders Street and the construction of two six-storey, mixed use buildings.
Included in the plans were two commercial tenancies, 36 apartments consisting of 12 one-bedroom, 21 two-bedroom and 3 three-bedroom units, with basement parking for 50 cars.
However, the application attracted more than a dozen objections from members of the public, who raised concerns about the development breaching the maximum four-storey height allowed in the B6 'enterprise corridor' zoning, as well as potential traffic impacts and the design of the building.
The Wollongong Local Planning Panel considered the application at its meeting in September 2018 but voted unanimously to reject it amid concerns over the impact on surrounding residential properties and the excessive height of the proposal.
Artro lodged an appeal against the refusal in the NSW Land and Environment Court, but came to an agreement with the council on scaled-back plans in July this year before the matter went to hearing.
The new proposal has seen the buildings reduced to four and five storeys and the number of apartments cut to 30.
The revised plans were rubber stamped by Commissioner Joanne Gray in the Land and Environment Court last week.
In her brief judgement, Commissioner Gray said she was satisfied consent should be granted despite the contravention to the height development standard.
"The development standard establishes a maximum height of 16m....the proposed maximum height of 18.154m represents a contravention of 2.154m above the numerical standard," she wrote.
"The contravention is confined to the lift overrun and a small portion of the covered pedestrian stair access to the rooftop terrace above the eastern building at the street frontage."
As part of the approval, Artro Management must adhere to 73 pre, during and post construction conditions and pay the council $137,000 in developer contributions for the provision of public amenities and services.