Tower development for Kenny Street fruit market site gets all-clear

Plans for the $77 million high-rise development on Ellen Street, between Atchison and Kenny streets, included two towers sitting on a five-storey podium, 273 new apartments, a supermarket and large childcare centre were lodged in mid-2020.

The site was the location of the popular Kenny St Fruit and Deli, which went into administration in 2012.

More recently, it has been repurposed as the DIY skate park known as Mavericks.

The Southern Regional Planning Panel refused the development late last year and so developer Wollongong Invest Land No 3 - owned by Brighton Le Sands' Eddy Haddad - took the council to the Land and Environment Court.

Last month the council and developer attended a conciliation conference where the two parties managed to come to an agreement over the proposed development.

The court ruling noted that the developer had taken on concerns raised by the planning panel and had submitted a revised development application.

The ruling also noted that council was satisfied that amended application "adequately addresses the matters raised in the public submissions".

However, the approval comes with a 40-page document outlining a range of conditions that must be adhered to by the developer.

These include that there be no deviation from the plans lodged as part of the revised development application.

During excavation, if hard bedrock is encountered, methods that will minimise noise and vibration must be considered. Also, adjoining properties must be protected during the excavation phase.

Given a childcare centre is part of the development, the developer is restricted in what vegetation they can plant.

The conditions of consent state the developer must avoid plants known to produce toxins, plants that will attract bees, spiders and insects, or any plant with thorns or spiky foliage.

The court also ordered the developer to pay council's costs, to the tune of $3545.