Kiama Municipal Council (KMC) is in the middle of the Housing Strategy process and is assessing potential growth areas against a set of good planning principles, enabling it to filter and prioritise the best options. The Springhill project should be part of this process and assessed according to the same principles to determine whether it is appropriate and necessary to meet Kiama’s housing requirements.

On 23 September KMC notified the Southern Regional Planning Panel (SRPP) of several recommended amendments to the Kiama West/Springside Hill planning proposal.

KMC expressed its strong concern that the SRPP decision is in fact not in accordance with the Local Environmental Plan Making Guidelines of 2023 that govern such matters. They have requested that the Minister of Planning, the Hon. Paul Scully “immediately intervene in the SRPP decision, call in the matter’ and to allow time for the polls to be declared and the elected body of Kiama Municipal Council to take office”.

KMC maintains that once this occurs the sensible outcome should be that the applicant provides a new planning proposal to council, completing all steps and addresses concerns raised by council and the SRPP.

Their view is that the Record of Decision is that the Planning Proposal should proceed to Gateway with a total of 14 broad areas of significant change that require further work by the applicant prior to proceeding to gateway. This is a highly unusual request for a revised planning proposal. The unresolved issues which go beyond “qualifying changes” and are substantial in nature.

The Guidelines insist that before the SRPP makes this type of decision it should seek the Council’s and the proponent’s view at the panel meeting, and KMC are saying that this did not occur and there will be no opportunity for this to occur.

A big issue for KMC is that since the election polls are not declared until 4 October 2024, the newly elected councillors won’t have time to be sworn in and meet to consider the matter before the date issued by the SRPP for action.

Kiama Council CEO Jane Stroud expressed her deep concerns following the recent planning decision, stating, “Any time planning decisions and powers are taken out of the hands of local government, it undermines the planning profession. Instead, these crucial decisions are made by others.”

She highlighted the local engagement efforts currently underway, noting, “We have over 300 recent submissions on our draft housing strategy that we are currently working through and many focus on this development. Local voices are not being listened to in this process.”

“Our previous council voted unanimously against this proposal, for nearly the same reasons the SRPP now wants 14 issues addressed," she added. "When presenting to the SRPP Council noted real concerns with issues like roads, water and sewerage, schools, a lack of childcare, shortages of employment lands and flooding issues.”

Despite these concerns, Stroud emphasised that the SRPP’s decision disregards the issues raised. " Today’s SRPP decision throws those concerns to the wind. Instead, the community is left pondering a decision on its future being made by a panel, whose views were split, with the ultimate chairman’s call."

She further criticised the approval process, remarking, “Like a lot of people, I am curious, that even when the applicant refused to submit a basic scoping proposal or provide essential reports that adequately address issues such as Geotech, flooding and bushfire, it still gets a green light.”

Ms Stroud pointed out that the Kiama Council's draft housing strategy already outlines sufficient growth to meet NSW Government housing targets without the need for this large greenfield development. “This proposal, which squeezes in over 1500 lots and sends thousands of cars onto the existing road network every single day. That is not the legacy that good planning seeks to leave.”

Ms Stroud emphasised that community creation extends beyond housing targets. “The creation of communities is more than just housing and target numbers, it’s about schools, water, sewerage, parks, open spaces, good urban outcomes supported by essential funded infrastructure.”

While acknowledging the challenge of balancing growth and sustainability in a highly desirable and unaffordable coastal area, she warned, “grabs for land and cash shouldn’t come at the expense of sensible planning for new greenfield communities.”

Despite her frustrations, Stroud remains committed to working professionally with the developer in the community’s best interests. “I have personally met the applicant several times and will continue to collaborate with them professionally in the interests of the whole community. I understand the proponent has done much good work here and in other LGA’s, but it is essential that due process and political representation is afforded on this decision too.”

Ms Stroud concluded by reiterating the need for balance in development. “All developments have merit, but balance must be found. Without an elected body, without community engagement, I worry that it’s simply agreeing to growth at all costs and I hope the Minister helps end this most unusual circumstance”.

In a statement in response to SRPP recommendation that Springside Hill rezoning proposal proceed to Gateway Determination, Mr George Geagea, Director of Traders In Purple has said, “Traders In Purple is delighted for the hundreds of locals who have registered their interest to become future residents at Springside Hill. This decision means that Springside Hill will progress to the next stage of assessment. We look forward to working through the decision and providing the additional information that is required.”

“This is the planning system delivering positive outcomes, based on merit, not local politics, to address the housing crisis and a desperate need for the entire community. Kiama is the most unaffordable place in regional NSW and this decision to move forward is a welcome one for key workers, nurses and those who are struggling to find housing in the region. It delivers an outcome to benefit the broader community.”

Mr Geagea said, “Premier Chris Minns and Planning Minister Paul Scully have been very clear about the need to address the housing crisis, and we look forward to working with the NSW Government as we progress Springside Hill.”

“We have had more than 400 individual conversations with the community, held drop-in sessions and briefed the previous Council on multiple occasions. And we will continue to engage with the community, and all levels of Government including the new Council, throughout this process.”

“Contrary to the statement issued by Council, the independent Planning Panel does not require any material changes to the Springside Hill proposal. Rather, it has asked Traders In Purple to consult with Government agencies and provide clarifications. This is a normal part of the planning process where further information is often required.”

“Kiama Council was fully aware of this process when it made its decision to oppose Springside Hill in April 2024. Rather than working with us, the Council chose to outrightly refuse the proposal and put this decision in the hands of independent experts. As part of the onboarding process, I am sure Council staff will inform new Councillors of the impacts of the decision of the former Council.”

Remarking further on the background of the issue at hand, Traders in Purple have said that the planning system has allowed for the review of Council decisions on planning proposals since 2012. This pathway is specifically to allow for proposals that do have merit, to progress, when obvious political decisions, or decisions made in error, have occurred.

“This takes the politics out of planning and allows an independent panel to make decisions on merit. So, when Council made their assessment in early 2024, they were well aware of this process and the fact that their rejection would likely lead to this outcome and their forfeiture of any future decision making on the proposal,” he pointed out.

The ‘rezoning review’ process requires both the local council and the proponent to present their case for the rezoning to the independent panel. Council and Traders In Purple presented to the independent panel on 12 September 2024. Mr Geagea maintains that “Traders in Purple were successful in demonstrating the merits of Springside Hill versus Council’s position of rejection. And, contrary to the statement from Kiama Council, the rezoning review decision does not require “broad and significant changes”.

Rather, he says, “The decision has asked Traders in Purple to provide further information and clarifications. This will require consulting with NSW Government agencies over the next four months and ensure that the independent panel is satisfied with the additional information.”

The relevant planning documents for PP, including the decision of the SRPP are available here: www.planningportal.nsw.gov.au/rezoning-reviews/under-assessment/planning-proposal-rezone-land-long-brush-road-jerrara-and-greyleigh-drives-and-jamberoo-road