A FIVE-STOREY development that was shot down for being "dominating" has been approved on appeal in the NSW Land and Environment Court.
The twin tower project next door to Toronto McDonald's on Cary Street was refused by the Hunter and Central Coast Regional Planning Panel (HCCRPP) last year - the developer's second crack at the $36.6 million apartment project after the first plan was deemed "inappropriate for the area".
But, it appears the third time is the charm, with Commissioner Elizabeth Espinosa ruling in favour of Toronto Investments No.1 Pty Ltd to uphold the appeal.
Both the developer and Lake Macquarie City Council came to an agreement on the project, on the proviso a number of conditions of consent are met.
The key changes included clarification on solar access for one unit and a detailed sun study, increasing the ceiling height for the ground floor commercial premises, more details on landscape and tree planting, colour finishes and more information about stormwater management and traffic.
In its initial refusal, the planning panel said the proposed height and bulk of the building along Cary Street is "dominating" and would result in an "unacceptable visual impact" at the northern entrance to Toronto.
It also said the development hadn't provided adequate solar access to units, had insufficient ceiling heights for the commercial premises on the ground floor and presented a "poor relationship" with the public reserve to the south.
Traffic impacts were also a concern, and the planning panel wasn't satisfied that enough information had been provided to address issues raised by Transport for NSW.
However, Commissioner Espinosa found the proposal made economic use of the land through the redevelopment of an underutilised site and felt strict compliance with height limits wasn't reasonable because the development encouraged "high quality urban form".
She found the roads could handle an increase in traffic with an upgrade to the Bay and Cary streets intersection.
The shop top housing block will front Cary Street, while a second five-storey residential flat block will front Arnott Avenue - topped off with communal open rooftop spaces on both.
It will see 16 trees removed to make way for commercial floor space with outdoor dining, 108 apartments and 208 car parks across two basement levels.
In 2022, developer Nick Vranus scaled back the proposal from 124 apartments to 108, telling the Newcastle Herald at the time that it was minimised to meet community expectations.
