A nine-level Wollongong apartment complex has been approved by the Land and Environment Court despite concerns residents could be trapped in the building during a flood.
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Kingdom Developments had lodged a development application for the site at 7-15 Gladstone Avenue - next to the rail line - in August 2021.
The site is next to another planned apartment tower built by a separate developer.
In November 2021, Kingdom Developments started proceedings in the Land and Environment Court after Wollongong City Council knocked it back.
Through 2022 the case had to be adjourned as Kingdom Developments sought to make amendments to the initial plans that were knocked back.
In his ruling Commissioner Horton noted that a number of council's concerns had been addressed by the amendments.
However, council remained concerned it still didn't conform to development regulations around building separation and flood risk.
The site at Gladstone Avenue has a medium to high flood risk, with the southern portion identified as a floodway.
Council's representative stated the development was "a considerable intensification of use on a site that is not compatible with the flood risk".
They also expressed concern that the complex's communal open space was located within the floodway itself and the possibility of fencing constricting the flow of flood water.
The developer stated they could consider building a fence that would collapse during a flood.
Commissioner Horton noted a flood study's claim that the communal space could end up under a metre of water.
"A likely consequence of this is that residents would be temporarily trapped within the building," his ruling noted.
However, he said changes to the footprint of the building and its location away from the floodway meant it "will not adversely affect flood behaviour" so as to increase its effect on neighbouring buildings.
Regarding the issue of building separation, the required distances are 20 metres from habitable parts of neighbouring buildings and 16 metres from any other part of another building.
The development's separation ranged from six metres to 23 metres.
Commissioner Horton accepted the developer's request for a variation.
In his ruling, Commissioner Horton upheld the Kingdom Developments appeal, subject to a range of conditions imposed by the court.
The developer was also required to pay costs to council.