Despite the threat of being held personally responsible for legal expense that are likely to arise, five Kiama councillors who originally rejected the Golden Valley Road DA have stood by that decision by voting against the rescission motion.

Mayor Neil Reilly was the only councillor to change his vote to support the rescission, warning of the consequences of rejecting the DA for the sub-division.

“We are very clear about what is going to happen,” he said, referring to Neville Fredericks of the Fountaindale group saying at Public Access that a rejection would be taken to the Land & Environment Court.

“Saying we don’t like it isn’t going to hold much weight. I don’t think we have a leg to stand on.”

This is because, after a two year gestation, the DA was recommended for approval by planning staff.

Councillors Rice, Keast, Renkema-Lang, Larkin and Draisma held their line that it was against the DCP in a number of areas, and their concerns about the urban design, aboriginal heritage protection and bushfire risk.

In proposing the rescission, Councillor Matt Brown said he was concerned those rejecting the DA were relying on incorrect facts, and that while there were a number of things he didn’t like about the design there was no doubt it was compliant.

“I haven't read a more comprehensive report during my time on Council,” he said.

Councillor Croxford said Council shouldn’t be responsible for any costs involved with defending the rejection, and that he would apply for the councillors supporting the decision to be subject to a surcharge that can be applied by the Government when a decision leads to a loss.

“Why should Council have to pay?” he said.

Members of the Jamberoo community that we spoke to were surprised by the outcome.