An application to increase the height of a building part-owned by a serving Wagga councillor beyond the provisions set out in current planning controls could be approved when it goes to a vote on Monday evening.
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The proposal to change the local environment plan's height restrictions for the building at 63-65 Johnston Street in Wagga's Heritage Conservation Area from 16 metres to 25 metres was first passed by the council in March and put on public exhibition.
If approved, the change would only apply to the Johnston Street lot, which is part-owned by Councillor Rod Kendall, with all surrounding lots still subject to the 16-metre restrictions.
Cr Kendall declared a pecuniary interest when the matter first went before the council in March, and he has confirmed he will continue to exclude himself from all discussions and decisions on the matter in the chamber.
Six submissions were made during the exhibition period, four of which expressed concerns over potential shadow fall, privacy of surrounding tenants and the potential for setting a precedent that would allow building heights to increase across the CBD.
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Another submission expressed concern that the pursuit of a planning proposal separate to a development application could obscure the ultimate intent for the site and did not "pass the pub test," however council has advised that the proposal should be adopted with all concerns noted and responded to.
Cr Tim Koschel said he will vote against the recommendation to approve the application and instead propose a deferral until after the council elections in September.
After discussions with constituents, Cr Koschel said signing off on a proposal that could benefit a councillor at the last meeting before the caretaker period begins seemed to lack transparency.
"This is our last meeting before caretaker mode and to be looking to approve a [proposal] for a councillor the meeting before we move into caretaker mode, when the change could be seen as controversial, isn't very transparent for the community," Cr Koschel said.
"That just doesn't sit right with me."
Council general manager Peter Thompson said the amendment to the Local Environmental Plan is not a development application and would be unaffected even if the decision was made during caretaker mode, which starts on August 7.
"Under the caretaker provisions a controversial development application should not be considered, however [this proposal] is neither a development application nor controversial, and we are not in the caretaker period," Mr Thompson said.
"Aside from the fact that a councillor has an interest in the property, it has no controversy at all and reflects similar decisions made by council in the past couple of years."
Cr Kendall said Cr Koschel's plan to block the LEP purely because of his own involvement was inappropriate and "mischief making".
"The consideration of councillors should be on the merits of the application and the merits alone," he said.
"It should not take into account the identity of the owner at all."
Cr Vanessa Keenan said Cr Koschel was "playing politics" and the process of the proposal was above reproach.
"This is just people playing politics," she said. "It has been a straightforward process. There's been a couple of workshops on it, some extra information was required [and] it's progressing as planning proposals do."
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