KOGARAH councillors have asked why the developer of a Princes Highway project was able to exceed the council’s building guidelines twice without giving anything substantial back to the community.
At the March 24 council meeting, councillors Lachlan McLean and Kathryn Landsberry objected to the development at 79-87 Princes Highway, Kogarah, by BMG Developments Pty Ltd, being granted an extra three levels and 13 residential units.
Cr McLean was upset that the developer was not held to its 2010 voluntary planning agreement (VPA) which promised space for an arts centre in return for getting more floor space than regulations permitted.
‘‘At the planning and environmental services working party on September 6, 2010, the council endorsed in principle the establishment of an arts centre on the subject site under the provisions of a voluntary planning agreement,’’ Cr McLean said.
‘‘The VPA related to plans submitted to the council for a 10-storey and rooftop mixed development with an overall height of 34.9 metres, which exceeded the maximum height and floor space ratio for the site permitted in the development control plan.
‘‘It was proposed that those significant non-compliances be offset by the offer to enter into a VPA with the council for the applicant to provide a public benefit.’’
Cr McLean said 352 square metres were to be given to the council at no charge. This would have comprised ground and first-floor spaces, outdoor terraces and eight basement car parking spaces.
‘‘The 2010 proposal offered a tangible public benefit whereas the current proposal offers no tangible public benefit that I’m aware of,’’ he said.
"The report from September 6, 2010, highlighted that a community creative arts centre on the site would help the council achieve the goals of its community strategic plan by working towards achieving a vibrant, safe and inclusive city through the support of arts and cultural programs in partnership with the community.
"The report from September 6, 2010, highlighted that a community creative arts centre on the site would help the council achieve the goals of its community strategic plan by working towards achieving a vibrant, safe and inclusive city through the support of arts and cultural programs in partnership with the community."
But none of that happened, he said.
At the time, the developers settled for nine storeys — still above guidelines — and came back with a development application for 12 storeys.
Cr Landsberry said the council was setting another precedent where developers got their way.
"We approve something, they come back and want more," she said.
"Next, they'll come back wanting 14 storeys."
Speaking in defence of the development,
Cr Nick Katris said it was a major "gateway" building for Kogarah.
He said the council did not have much option but to approve it as it was deemed "appropriate" by council officers and the design review panel, although it did not comply with building guidelines.
Cr Katris said voluntary planning agreements could not be enforced and the developer did not proceed with the arts centre because it could not make it work financially.
But he said the community still gained close to $1 million in section 94 contributions.
Do you think the development should be approved without adhering to the voluntary planning agreement (VPA)
