Kogarah councillors approved a development application on Monday night for a respite care centre at 52 Waratah Street Kyle Bay, despite Kyle Bay Residents Association expecting a deferral and "due process".
The decision was made in a council meeting room packed with association and Estia supporters, including a number of people with disabilities.
While supportive of a respite care centre for young people with disabilities on the old Kyle Williams Estate — which is in keeping with the original trust — association members fear future commercial development such as a seniors village.
They have been fighting for a guarantee that there would be no such development on the site they say is the only remaining pristine bushland in St George.
They had wanted that guarantee in writing from the Greek Orthodox Church-connected Estia Foundation and from Kogarah Council.
They have accused Kogarah Council of "unseemly haste", a "lack of due process" and "done deals" to get the development application through.
Association member Tony Soubris said a deferral would have given the council a chance to consider the implications of the National Trust listing the Kyle Williams reserve and estate, jetty and waterfront, as the Kyle Bay Cultural Landscape, and of the council's proposed rezoning amendments.
Essentially, they wanted the site, which comes with two council zonings, to be under one zoning protecting it from future development.
But the eight voting councillors decided council officers had done all the right things and Estia should go ahead with its project.
Cr Michael Platt said the public needed to understand the amount of detail council staff had gone into when preparing the application.
It had taken about six months for a decision, compared with the usual 40 days.
But association members are not convinced.
"We are considering our options on how we can obtain some sort of guarantee that no future commercial style development will be built on the balance of the estate," Mr Soubris said.
"We've asked Estia for a Voluntary Planning Agreement — which they refused — to merge the surplus land of the estate with the reserve to give the public access to the foreshore.
"And we've asked the council to put on a restrictive covenant on the site but they took the view that it was not necessary."
Estia Foundation lawyer James Jordan said Estia was not obliged by law to enter into a Voluntary Planning Agreement.
"But we will comply with all the statutory and regulatory requirements at the commonwealth, state and local level and we will continue to be good corporate and charitable citizens and neighbours," Mr Jordan said.
"'We would like to thank the council and the neighbours for this interest in our application."
Is the Kyle Bay Residents Association fighting a losing battle, and does it matter?
