The new $66m Kiama apartment complex is just too tall

In November last year, the council approved changes to the city's Local Environment Plan that would allow for six-storey buildings - equivalent to 21 metres - in some areas of the CBD.

Level 33 has lodged plans for a residential-retail development in Akuna Street, a block behind Terralong Street.

The site slopes up from Terralong Street, so the lower ground level of the retail component corresponds with the street level of Terralong Street while the second level of retail is at street level for Akuna Street.

Measured from Akuna Street, the tallest part of the proposed development is six storeys.

The building is hampered because it is being built across a site that has five different building heights - 8.5 metres, 11 metres, 14.3 metres, 17.4 metres and 21 metres.

While the section of the proposed building within the 8.5-metre area complies with that height limit, it exceeds all other areas.

The worst is in the 17.4-metre limit, where the proposed development would be 4.6 metres over that.

A variation request has been lodged to waive the non-compliance - a decision that would be made by the Southern Regional Planning Panel and not the council.

The request stated that in two of the non-compliance issues, it wasn't residential space that breached the height limit but a lift over-run and a set of fire stairs.

Also, when changes were made to building heights, the slope of the site wasn't factored in - meaning a multi-storey building there may seem higher when viewed from Terralong Street.

"The proposed development provides a mix of four, five and six storeys presented to Akuna Street in a manner which steps up the site to the west thereby reflecting natural topography of the locality," the variation request stated.

The site includes the retention of a home at 51 Shoalhaven Street, built between the wars and proposed for heritage listing by the council.

The variation request stated the floor space lost by keeping that building on site had to be made up elsewhere in the development.

"This redistribution of floor space is generally absorbed by changes to the fifth storey element shown in the Site Strategic Development Control Plan," the application stated.

"Specifically, the fifth storey element is proposed to be increased in area by extending further toward Shoalhaven Street and increased in height such that fifth storey element on the south-eastern side of the open space area is increased to six storeys."