Updated
The future of the former Caringbah High School site is uncertain after court proceedings over a proposal for 648 apartments were discontinued.
Sutherland Shire Council's legal team advised councillors this week the applicant had discontinued proceedings in the Land and Environment Court in their entirety and the DA (development application) would not be proceeding.
Developer Michael Nasser, whose family company purchased the site from the Education Department for about $20 million in 2012 said on Thursday, "We have been very resilient for 11 years. At the moment, we are in 'no man's land' and we don't know what to do."
Mr Nasser said he believed the proposal they had put forward would benefit the community, particularly at a time when there was a housing shortage.
"The legal team representing the council did everything possible to make sure it didn't go through," he said.
The developer was seeking to add 243 more apartments to what has previously been approved by the Land and Environment Court, to take the total number to 648 units in nine buildings. The estimated construction cost was $142 million.
Residents claimed it was complete overdevelopment of the Willarong Road site.
Another 244 apartments are under construction on the adjoining bowling club site.
Cr Leanne Farmer said it was "a big win for the local community, Cronulla Precinct, North Cronulla Precinct and the neighbourhood".
Deputy mayor Carol Provan said council planning staff recommended the DA be refused, and the Sydney South Planning Panel (of which she is a member) refused it on August 23, 2023.
"It was a unanimous vote of the five members to reject the application," she said.
"The applicant then took it to the Land and Environment Court but soon realised it would be an uphill battle to get it approved.
"The DA being assessed was also not consistent with the previous DA, which was lodged in 2016 and approved. The FSR (floor space ratio) was increased from 1.38 to 2.06.
"In addition, the loop roads already approved were removed and the setbacks originally approved were substantially altered."
Court proceedings were due to start with an onsite meeting on Tuesday this week, but were cancelled.