A DEVELOPER who last year talked Kogarah Council into three extra floors and 13 extra residential units for his Princes Highway building has received approval for three extra bedrooms for that same building.
The bedrooms will be added to three two-bedroom apartments on level 11.
Council officers recommended approval and the majority of councillors went along with that, although Cr Nick Katris objected saying the extra rooms were "the straw that broke the camel's back". (Councillors Lachlan McLean, Stephen Agius and Kathryn Landsberry also voted against the extra rooms.)
While Cr Katris agreed with the council report that the extra bedrooms (34 square metres or about 0.5 per cent) would have a minuscule effect on the already bulky building, he said enough was enough, especially as the council did not get what it had expected under a voluntary planning agreement (VPA).
Under the agreement a developer agrees to provide or fund public amenities, affordable housing or transport or other infrastructure in exchange for something extra.
"I have thought long and hard about this and I have decided to draw a line — I won't accept another square metre," Cr Katris said.
"To reflect the community concern conveyed to me I would find it extremely difficult to entertain more increases on this building — even one square metre."
In March, 2012 the council approved a nine-storey mixed residential/commercial building at 79-87 Princes Highway, Kogarah, although it exceeded its development control plan (DCP).
Cr Katris pointed out that unlike LEP regulations which are "like the Bible of planning", DCPs were fluid and could be judged on merit.
Hence approval for the three extra storeys plus 13 additional residential units in April last year.
"We are encouraged by the planning process to allow a gateway-style building on such a prominent corner," Cr Katris said.
Plus there was an expectation of the council receiving double the close to $1 million section 94 contribution.
"They were going to give us another million [dollars] under the VPA but we found out we couldn't do that because the law says you can't double dip — we could either get the section 94 or the VPA but we couldn't get both," Cr Katris said.
It was the second time the council — and the community — had their expectations dashed regarding this building.
In April last year councillors McLean and Landsberry questioned why the developer was able to exceed the council's building guidelines twice without giving anything substantial back to the community.
Cr McLean was angry that the development company was not held to its 2010 VPA which promised space for an arts centre in return for getting more floor space than DCP regulations permitted — 10 storeys and rooftop.
"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 at the time.
Under the agreement 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.
But none of that happened.
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