An on-site Land & Environment Court Conciliation Conference & Hearing has been held at 16 Crooked River Road, following councillors twice rejecting a DA and the owner appealing to the Court.

The owners of the 1.2ha E3 [environmental management] zoned property, just to the south of Gerringong Golf Course, are seeking to extend their existing approval for a principal dwelling to include a secondary dwelling and a shed.

Amongst other things representatives from the South Precinct and the Gerroa Community Association sought to persuade the Commissioner that the secondary dwelling should be refused, as the subject property is 38.8ha (97%) under the minimum lot size requirement required for such a building; and because of the effect of its bulk and height.

In the gale force winds, the meeting was held by the shelter of containers on the site

Former councillor Howard R Jones summarised his objections this way, “This development proposal is an overdevelopment of the site and attempts to maximise the built form at the expense of the well-established, natural significance of the area.

“It treats a small, isolated lot, in a conservation zone, as if it were situated in a broad rural context and hence refusal is in the ‘public interest’.

“It has the potential to establish a destructive precedent and loss of visual amenity is very much a matter of the public interest, particularly as development pressure on Kiama increases.”

The DA is for a 678sqm house, on the footprint of an already approved DA, with a 260sqm secondary dwelling and a 168sqm shed.

In rejecting the DA, Kiama councillors went against Kiama staff recommendations for its approval.

Linda Braizer, of the South Precinct and Gerroa Community Association, said, “Council staff can and do get things wrong.”

She went on to say, “If this development goes ahead you can be sure there will be more like it.”

The Commissioner is now working on conciliating the parties. If this is not possible, a judgement will be made on the matter.