"NOBODY wants this kind of invasion".
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Moves by Wagga City Council to loosen zoning laws to allow eight two-storey units to be built on Kincaid Street - overlooking Cox Park - have been slammed by neighbouring residents.
Those who live around the site say the development would "destroy the special character" of the area.
At least 20 nearby residents - including young children - packed the public gallery at council's policy and strategy committee meeting on Monday night in a united show of opposition.
One of the children was seen holding a sign "No apartments".
Kincaid Street resident Adrian Kurta used the meeting's public discussion forum to question if any councillor "would be happy living next to a development of this size".
"The lack of privacy, noise and the very dangerous precedent of allowing one developer to change the zoning laws for his own financial advantage is of great concern," Mr Kurta said.
Mr Kurta spoke of the impact the development would have on immediate neighbours, including a couple who have serious health concerns.
"Because of the stress of this development, they have put their house on the market," he said.
"Nobody wants this sort of invasion."
Mr Kurta called for council to re-examine plans and take on board the numerous letters of objection to council's planning department.
"Please at your very least defer your decision ... and provide the community with the assurance one developer can't change the zoning laws for his own financial reward at the expense of the community," he said.
The parcel of land in question is zoned R1 - general residential - and eight units exceeds the allowed density - of about six - on the site.
Councillor Paul Funnell said it appeared council was choosing to allow a medium density development in an R1 zone.
Director of planning Andrew Crakanthorp said the applicant was well aware of the zoning and the majority of the controls for the zone had been met.
Mr Crakanthorp said the developer had indicated a need to alter density conditions - one of the reasons the development was before council.
"We believe the DA complies with the bulk of the controls for the R1 zone," Mr Crakanthorp said.
Another nearby resident Ashley Tidd told the meeting six of the 10 homes in the section of the street were classified as "special character" as part council's heritage study.
"Allowing such high density development would destroy the special character of the area," Mr Tidd said.
"Residents expect council's planning instruments to provide some certainty that the character and amenity of Central Wagga won't be destroyed by ad-hoc planning decisions."
COX Park could be made safer through constant surveillance if a unit block proposed for next door is built, developers say.
Matt Jenkins Homes has lodged a development application (DA) with Wagga City Council to demolish an existing home at 190 Kincaid Street and build eight double-storey units, arranged in four blocks around a shared driveway.
Fifteen public submissions and a push to loosen density controls on land zoning meant the matter had to come before council's policy and strategy committee meeting.
Developer Matt Jenkins said the block, which overlooks the park, "lends itself to that kind of development".
"We're there to try and beautify the area ... we're not there to make it any worse," Mr Jenkins told the meeting.
"All we're asking for is an extra two units above what the zoning currently says ... that's the only way I can make it financially viable.
"A few of the comments that say we're just there to make heaps and heaps of money and run away - it doesn't stack up like that, there's not that much money to be made in it."
Mr Jenkins said the development would see red brick mixed with render and "a lot of money" had been spent on roof design to ensure it "doesn't look like Campbelltown".
The latter comment was prompted by a resident who said the design of the units meant they wouldn't blend with the heritage nature of Central Wagga, rather somewhere in the city.
Mr Jenkins also refuted claims allowing such a development would set a precedent.
"This block is just one of a kind that faces two sides of a park - there's no other block like that in Wagga," he said.
Garry Salvestro, from Salvestro Planning, said council's development control plan (DCP) focused on crime prevention through design requirements around public spaces, including parks.
"This development has taken that challenge on," Mr Salvestro said, to some opposition from residents in the public gallery.
"Developments overlooking public spaces can reduce crime."
A DIFFICULT decision, but one that has to be made.
Debate over the Kincaid Street development lasted at least an hour and a half on Monday night - and it could happen all over again in two weeks' time.
"Whatever we decide is going to upset somebody," Councillor Greg Conkey said, as he indicated his support for the proposal.
"It has been recommended by staff ... there's no compromise here."
Councillor Kevin Poynter told the meeting there were "many competing public interests" and it was a "difficult decision".
"I disagree with Cr Conkey ... it actually doesn't comply, that's why we're here," Cr Poynter said.
"The community has a right to expect the guidelines around the density of their area will be respected and held solid."
Councillors Paul Funnell and Garry Hiscock also indicated the dilemma they faced.
"It's a difficult decision (but) a decision that has to be made" Cr Funnell said.
"This is a real stretch for me, this one ... to me, there's still a million issues here."
Councillor Hiscock attempted to defer consideration of the matter, but the meeting was later reminded by Councillor Dallas Tout of the fact it was only a policy and strategy committee meeting - where the committee recommends a motion to the full council meeting.
"(Defer the consideration) so a lot of these issues can be nailed down and discussed further," Cr Hiscock said.
"We've got to make a decision based on the information in front of us and we don't have enough information.
Earlier Cr Hiscock stressed his concern about the welfare of the people living nearby - particularly those with serious health concerns.
"I'm always concerned about the immediate impact it has on the people next door ... (in this case) I'm genuinely concerned about the future of the neighbours next door," he said.
Mayor Rod Kendall said councillors have asked staff on a number of occasions to apply flexibility in council's development control plan (DCP).
"I think it's important we understand the DCP is a flexible document," Councillor Kendall said.
Councillors Poynter and Funnell were the only ones to vote against the recommendation and the issue is likely to be debated further at the ordinary meeting on September 29.