The November Meeting of Kiama Council has narrowly approved a controversial row of four terraces on Elanora Road at Kiama Heights (Councillors Brown, Croxford, Reilly, Larkins and Steel for).

Other councillors were concerned about the use of the terraces as holiday rather than residential accommodation, and the impact that would have on neighbours.

45 objections were made against the DA. At Public Access, Alan Woodward, a nearby resident, spoke about the serious concerns of neighbours about the development being allowed in an R2 zone.

“It has been marketed to investors as a hotel style development," he said.

“I can’t see how you can have approval of a commercial development in residential zoning.”

The architect and town planner for the development said the design was fully compliant, with all uses being allowed under the zoning. This was confirmed in the staff recommendation for approval.

They said it was four beach houses in a terrace row, not a hotel, and that overall the impact of the four terraces was less than if both blocks had dual occupancies like that already approved for one of them.

While objectors referred to it as four storeys, the applicant held it was on four levels on a sloping block, never more than three stories, and is height compliant

At the Meeting, Jessica Rippon, Director Environmental Services, pointed out that the decision had to be made on planning reasons, saying, “If we choose to reject out of emotion or ideology we put ourselves on a slippery slope and we will end up in the Land & Environment Court.”

Councillor Kathy Rice contested it wasn’t permissible in the R2 zone, as it did not meet the requirements of the zoning in the Local Environment Plan (LEP), and sought a deferral to gain legal advice. This was after Councillor Renkema-Lang tried to have the DA refused.

“There is evidence that this property exists in a managed investment portfolio and is anticipated to provide returns to investors that relate to its entire use as short term holiday rental,” said Cllr Rice.

“This is not a case of property being managed by individual owners as Kiama’s LEP allows, but is fully commercially let. It is not providing for housing needs.”

CEO Jane Stroud said in response that it was submitted as a residential development and was assessed on that basis, “We have to take a DA on its merits. There is an assumption that the information given in the application is correct. Should the nature and use change, then compliance will kick in.”

When the lack of a social impact study was raised by Councillor Jodie Keast, Ms Stroud said there was no requirement for such studies in the LEP, and that councillors would need to include it as a tool before staff could use it as part of their assessments.

“It is a shame we don’t have it available [for use in assessments],” she said.