Kiama Council’s legal expenses have increased twelvefold, meaning the Council is now spending 12 times more on legal costs compared to 2020/21. Much of this surge is tied to disputes in the Land and Environment Court. These figures highlight the challenges faced by anyone lodging a Development Application (DA), whether for a home renovation, a new business, or a larger project. The good news? With early preparation, expert advice and conversations with Council, many of these costly setbacks can be avoided.

The DA process is underpinned by several key planning frameworks:

• State Environmental Planning Policies (SEPPs): Address state-level priorities like affordable housing, biodiversity, and coastal management.
• The Local Environmental Plan (LEP): Defines zoning and permissible uses for specific areas.
• Development Control Plans (DCPs): Provide detailed design and construction guidelines to ensure projects fit with the local character.

These rules might seem like red tape, but they exist to balance development with community and environmental interests. The challenge for applicants is understanding how their plans align with these frameworks.

A pre-lodgement meeting with Council’s planning team is one of the most effective ways to navigate this complexity. Council staff can clarify zoning requirements, highlight potential compliance issues, and provide practical solutions to help your application meet the mark. This step isn’t just for major developers, it’s for everyone, from families building a second-storey extension to businesses expanding their premises.

Unfortunately, skipping these early conversations is all too common. Applications that don’t meet the LEP, SEPPs, or DCP are often sent back for revision, delaying projects and sometimes escalating into disputes. And when disagreements end up in the Land and Environment Court, the costs—not just financial but also emotional—can spiral.

Council also has a role to play in reducing these disputes. By ensuring planning advice is clear and accessible, and by fostering a collaborative approach with applicants, it can reduce confusion and rebuild trust.

For the community, however, there’s an opportunity to shift the focus from conflict to collaboration. The DA process works best when it’s seen as a partnership between Council and applicants—a way to achieve development outcomes that respect both individual goals and community standards.

Council’s skyrocketing legal costs underscore the urgency of improving how DAs are handled. These expenses are a shared burden for ratepayers and a signal that something needs to change.

As we look forward to the Council reviewing its legal expense statistics, it’s time to set benchmarks for improvement—whether that’s a target for reducing court cases, improving communication, or streamlining the DA process. Whatever the benchmarks, it’s clear the focus must shift to collaboration, early engagement, and reducing costs for everyone involved.