The hotel building proposed for the old David Jones site in the Crown Street Mall is 13 metres too tall.
In plans lodged with Wollongong City Council for The Globe project - which would take out the DJs building and the City Diggers - it states the 15-storey hotel will be 61.85 metres tall.
That's 13.85 metres higher than the maximum allowed for the site on the corner of Church Street and the mall - a variation of 28.8 per cent.
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A request to overlook this has been included in the suite of documents given to the council, with a decision on overall approval to come from the Southern Regional Planning Panel.
That request stated it was intentional to place the 15-storey building at the highest point of the site.
"From an architectural design quality perspective, a thoughtful initiative was made by the project architects to accentuate this tower at the highest point of the site to achieve a better urban design outcome for and from development," the variation request stated.
"Effectively this height breach also in part is a result of the redistribution of bulk from the lower levels development to the upper floors, in order to respond to the site's context and create a new site link through adjacent to the western side boundary in order to improve the public domain."
The variation request noted the part of the building above the 48-metre mark includes the sky bar and rooftop pool.
It also claimed that, even with the 13-metre height excess, the hotel would have less "visual impact" on views than the taller Avante (65 metres) or Signature (60 metres) apartments.
It was also much smaller than the 123-metre apartment tower that will form part of the approved WIN Grand development.
As well as the 15-storey 236-room hotel, the $229 million Globe proposal includes an eight-storey office block on the corner of Church Street and Globe Lane and a new registered club and 114-room motel on the City Diggers site.
There will be a six-level interconnected basement that will have spaces for 567 cars.
It would also build across much of the Globe Lane exit to Church Street, but retain pedestrian access.
The statement of environmental effects said the mall was active during the day but "devoid of active uses at night"
"Much of the mall is tired by virtue of traditional buildings in place, is in much need of stimulus," the statement of environmental effects said.
"Globe Lane contributes a more intimately scaled pedestrian space to the city centre. The western end of the lane has developed to provide lively entertainment venues that contribute to the nightlife of the city.
"The eastern end of the lane, adjoining the subject site is void of activity and enclosed by a dark undercroft, created by the existing vacant department store building that bridges above the lane."
A study on the economic impact of the development found it would create 585 full-time equivalent jobs and generate $126 million in spending and $43 million in workers' wages.
The statement of environmental effects claimed The Globe "is likely to be a catalyst for development on surrounding sites" and help keep money in the Illawarra.
"The development will provide additional employment opportunities 'closer to home' reducing the need for travel with additional benefits associated with reduced pressure on infrastructure, environmental benefits, reduced travel related stress and reduce likelihood of road-related accidents," the statement said.
The development application is on public exhibition until November 20.