A six-year saga in which repeated attempts were made to have a Sutherland site upzoned for a larger than permitted high-rise development is over.
The developer has sold the site, 10-14 Merton Street, to the Catholic Church to expand neighbouring St Patrick's Primary School.
The sale was confirmed after the Leader questioned a development application (DA) for a change of use of the site to educational purposes.
If approved, the land will become extra playground space while a masterplan for expansion of the school is developed.
The saga began in 2013 when Liberal controlled Sutherland Shire Council made last minute changes to a new draft local environmental plan (LEP), creating a public uproar.
Changes included upzoning properties in Merton Street from building heights of up to 20 metres (6-7 storeys) to 40 metres (13 storeys).
An independent inquiry, established by the state government into a range of planning changes, led to the Merton Street amendment being reversed.
In 2016, the developer applied for a spot rezoning to allow a a maximum height of 36 metres (12 storeys) and more generous floor space ratio (FSR).
The application was rejected by the council and planning panels.
However, the developer persisted and in 2018 lodged a new Planning Proposal for a spot rezoning to allow a development with a maximum height of 25 metres (eight storeys).
When the matter came to the council early last year, a council staff report advised the applicant was represented by Pacific Planning Pty Ltd, a company with which former Sutherland Shire councillor Matthew Daniel was associated.
Mr Daniel, who formerly worked for the Department of Planning, has also been a long-time Liberal Party power broker and fundraiser for the party.
The majority of councillors declared a conflict of interest and left the room, leaving six Labor councillors, insufficient for a quorum.
The matter was delegated to the council's then acting chief executive Manjeet Grewal.
Ms Grewal said at the time, because of the short time limit for comment, council staff had already provided the Department of Planning and Environment with a conditional draft submission opposing the application.
The Planning Proposal was referred to the Sydney South Planning Panel for a decision and still remains on its list of undetermined applications.
Principal of St Patrick's Primary School, Phillip Tax, said in a statement to the Leader the school was "entering an exciting new phase of development".
"The Catholic Archdiocese of Sydney last year purchased a 3100-square metre parcel of land at 10-14 Merton Street, Sutherland, which adjoins the existing K-6 school," he said.
"I'm very excited because it will give us more room for the future expansion of our school."
"Initially the land will be used as extra playground space for students while a masterplan for the expansion of the school is developed.
"It will be a combination of active and passive play areas, with an edible garden," Mr Tax said.
"A development application to change the use of the site from residential to educational has been submitted to Sutherland Shire Council for their consideration, and a school site committee is currently working on architectural and landscaping plans for the future expansion of the school."
Mr Tax said the community would be invited to comment on the development of a new masterplan for the school.
"Our approach will at all times be informed and guided by the feedback of our parents, parish and local community," he said.