Photomontage of one of the buildings in the proposed development next to existing smaller building, north of Gerrale Street. Source: SJB Architecture / DA

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An appeal has been filed with the Land and Environment Court against the deemed refusal of a proposed new development of two buildings with 48 apartments in the heart of the Cronulla Town Centre.

The development application (DA) for 8 Gerrale Street and 1-3 Ozone Street is due to be considered by Sutherland Shire Local Planning Panel on May 5, with council planning staff recommending refusal.

The documents reveal the applicant filed an appeal against the deemed refusal of the DA with the Land & Environment Court on March 24.

The site is currently occupied by three ageing blocks of flats.

The development site. Picture supplied

The DA is for eight-storey block containing 26 apartments and a seven-storey building containing 22 apartments over three levels of basement parking.

The council assessment report, which recommended refusal, said the site was zoned R4 High Density Residential (R4)and the proposed building was permissible with consent.

The proposal relied on the Low and Mid-Rise Housing Policy to exceed the maximum height and floor space ratio provisions of the Local Environmental Plan and to accommodate a greater density of development at the site.

"However, the proposed development exceeds these more generous height and floor space ratio provisions and fails to respond to the individual and somewhat constrained circumstances of the site, resulting in adverse impacts upon the streetscape and the amenity of existing nearby apartments and the apartments proposed at the site," the report said.

Forty-eight apartments in two buildings six to eight storeys in height are proposed for the densely built area between Cronulla and North Cronulla beaches.

A development application has been lodged for the site at 8 Gerrale Street and 1 Ozone Street, which is currently occupied by three ageing blocks of flats.

The estimated construction cost is $71.5 million.

The development site marked in red. Picture DA

The buildings would be part six, part seven and part eight storeys.

Building A would have 26 apartments, including 12 two-bedroom and 14 three-bedroom.

Building B would have 22 apartments, including nine one-bedroom, three two-bedroom and 10 three-bedroom.

Three levels of basement parking would provide 82 spaces for residents and 12 for for visitors, with 10 bicycle parking space.

Photomontage of proposed development (viewed from Gerrale Street) Source: SJB Architecture

Variations to the permitted building heights for the sites have been sought.

The proposed development will impact the views of some other apartment dwellers in the area.

The DA said an Expression of Interest for the proposed development was submitted to the Housing Delivery Authority in February 2025, seeking the project to be declared as State Significant.

However, the scheme was not recommended to the Minister for Planning to proceed under the HDA pathway.

View of the site from Gerrale Street. Picture DA

The DA said the proposal had been refined following engagement with the council at both the Pre-DA and Design Review Panel (DRP) stages, "resulting in a series of design improvements".

The DA said, under the state government's new Low and Mid Rise Housing Policy, most sites along Gerrale Street and throughout the Cronulla town centre were now eligible for residential flat buildings up to 22 metres in height with an FSR of 2.2:1, and potentially higher where affordable housing incentives applied.

The project "provides a mix of high-quality residential apartments which will regenerate a tired building and site and provide for future residents of the Sutherland Shire community with high amenity housing," the DA said.