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DA delegations to remain as is

The Bugle App

Cathy Law

17 November 2021, 2:40 AM

DA delegations to remain as isThe Kiama Village DA was one that might have been determined without the involvement of councillors

After spirited discussion at last night’s final Council Meeting, councillors narrowly rejected the recommendation of staff (5:4) to delegate responsibility for all DAs to the CEO during the caretaker period.


In the usual course of events, staff have delegation to determine DAs up to a value of $5 million, with up to four objections, or those that have variations in policy that are less than 10%.


DAs above these criteria have to come to a meeting of councillors for approval.



Twelve DAs are currently in the system that would be affected by staff not being able to determine them. While staff recommended that the Rose Valley Abattoir and the Golden Valley Road subdivision in Jamberoo were too controversial not to be determined by Council, it was proposed that delegation be given to determine the other ten over the threshold – notably including the Kiama Village redevelopment, the new building proposed for the corner of Collins and Terralong Streets, and the Gerringong Co-Op.


The request was made to keep determinations happening rather than putting them on hold, given the effort and investment being put into improving DA processing times and the risk of resulting deemed refusal legal action by decisions being held up for up to three months.


While all councillors acknowledged the professionalism of staff, they differed in opinion on the need for the delegation.


Councillor Matt Brown championed the recommendation, saying it was important to keep Council’s business progressing during the changeover period.


“We have such low thresholds to bring things to the chamber,” he said.


“It would be unfair for applicants for it [the process] to stop and for nothing to happen. This is about allowing the business of council to keep going.”


Councillor Andrew Sloan said it would be unfair not to give people the opportunity to put their point of view before Council, particularly for DAs that will have a significant impact on the landscape or character of our area, “We are the decision makers, and we can’t just delegate our role away.


“The community expects us to have an active role in making those determinations, and they expect to be able to come here and have a say.”


It was also proposed the decision on the Gerringong Co-Op be delegated to staff


“When we delegate the authority, we don’t delegate the responsibility,” said Councillor Neil Reilly.


“If we abdicate that responsibility, is it this council or the next council that will get the blowback?”


“It is a matter of sticking with policy,” said Councillor Mark Way.


Councillor Warren Steel questioned whether it would take until March for the matters to be considered by Council, saying extraordinary meetings would be possible to speed things up.


Councillor Kathy Rice agreed that decisions could be made earlier, saying, “To adopt the recommendation to determine all Das without the oversight of councillors and the involvement of those concerned about developments is concerning.


“Kiama’s reputation is just as much at risk if it adopts or doesn’t adopt this pathway, and in such difficulted contested circumstances it is best to stay with the status quo.”


Council is currently in Caretaker mode ahead of the election on 4 December. The first meeting of the new Council is scheduled for 11 January, but no decisions on planning matters can take place until after induction into the rules governing those decisions.


Speaking afterwards, Council’s CEO, Jane Stroud, says it shows the need for Council to develop a Caretaker Policy to deal with these issues in advance.