Kiama Council is concerned that a news item on the website of the developer behind the Loves Bay terraces describes the project as a hotel when it was approved in residential zoning (Loves Bay terraces approved).

The post on Forte Sydney Property Group’s site, which was shared from the architect’s Instagram page, says, “Kiama Tourism Accommodation approved. Inspired by the Art of Matisse, this oceanfront hotel will push the boundaries of Luxury.”

Neighbours opposing the DA raised the prospect of it being a hotel before approval was given at the November Meeting, based on a promotional investment video which talked about the townhouses being part of a property fund.

However, at the Meeting Council’s Director Environmental Services, Jessica Rippon, stressed that Council must assess the information provided by the applicant in the application document, which must by law provide honest and truthful facts.

When alerted to the material on the website, Ms Rippon said, “It is concerning to see the marketing material contained on the developer’s website, clearly stating the use of the facility as a hotel.

“Whilst Council cannot control how a property maybe marketed by a real estate agent or other party, in reviewing this information it clearly suggests that the applicant and associated consultants have potentially been deceitful in their interactions with Council through the application process.

“Council will be investigating this, exploring and enacting any legal opportunity available to us, to ensure the approved use is for a permissible and appropriate purpose and in accordance with the development consent.”

Alan Woodward, who spoke against the appropriateness of a commercial development in a residential area at Public Access, says, “We have residential zoning for reasons that are laid out in the objectives of the zoning code - to create neighbourhoods where people can live, work and interact with each other in a residential setting.

“If we start moving away from having residential zones for that purpose, we start to lose the benefits of neighbourhoods, of quality of life for local residents and ultimately undermine the health and wellbeing of our community.”

When asked about the words used in his post, Tony Owen, the project’s architect, said The Bugle “is reading far too much into it” and that it was done as a quick social media post to market his business.

“I called it that [a hotel] but it had nothing to do with whether it was real or not. That is what social media is,” he said.

“It is not a hotel, it is four townhouses.”

Asked why they had featured Mr Owen’s post on their news page, as the only news of the approved DA, the Forte Sydney Property Group said they had no comment.