Sammut Developments has made it clear it won't budge on the bonus height and floor space allowances being sought for a proposed hotel development at Cronulla, a council committee has been told.
The spot rezoning proposal took a big step forward when the Shire Strategic Planning Committee voted 7-6 for referral to the Department of Planning and Environment for Gateway determination.
Council staff were asked to "investigate a mechanism that the hotel portion cannot be returned to residential at a later date.
The final decision will be made at next Monday's full council meeting.
The developer is seeking to build a 14-storey commercial development on the edge of Monro Park, comprising a hotel with hospitality and commercial floor space, and underground car parking.
An increase in building height from 25 metres in the LEP to 50 metres and an increase in floor space ratio from 2:1 to 3.75:1 is being sought.
Liberal councillors, who successfully moved the motion, removed a staff recommendation the developer be invited to refine the proposal before it went to Gateway because of concerns about negative impacts.
Labor councillors on the committee failed to have the condition reinstated.
The council's manager of strategic planning, Mark Carlon, told the meeting, "The applicant has been quite clear in saying this is what is needed to make it a viable development and he has been very strong and clear that without this it wouldn't go ahead".
Cr Jack Boyd (Labor) queried whether it could be an ambit claim, which could lead to a compromise.
Mr Carlon said there had not been many Planning Proposals in the shire in recent years and he couldn't recall "one that came back smaller".
Mr Carlon agreed with committee chair Carol Provan (Liberal) the Breeze development in Gerrale Street was a spot rezoning that exceeded the height in the LEP at the time.
"We used that height as a benchmark for Gerrale Street when the [2015] LEP was approved," Mr Carlon said.
Mr Carlon said a Planning Proposal was different to a DA and followed a different process.
"It has consultation occurring after Gateway and not as soon as an application is lodged," he said.
"When people come to see me about lodging a Planning Proposal, I always tell them it can't be done in less than a year."
Mr Carlon said the proposed hotel process started in September 2019, "and I can't see this being determined before March 2021 if it was successful".
"A DA couldn't be lodged now, but as we get closer to a plan being made the applicant could choose to lodge it," he said.
"I would always advise an applicant not to lodge it until it has been 'Gatewayed', back to council and council has made a decision to support the plan.
"I cant see that happening in the life of this council."
The council election is scheduled for September 2020.
