A highly controversial development overlooking the dramatic landscape of Loves Bay will proceed, despite numerous objections from local residents, who have strenuously objected to the upmarket proposal.

A judgement on the matter was handed down by the NSW Land and Environment Court on 10 July.

For those who have never been there, the development is at the end of Elanora Road in Kiama Heights covering two blocks which look down upon the turbulent waters of Loves Bay and the Kiama Coastal Walk which threads along the steep cliffs and headlands down to Gerringong. 

Commissioner Timothy Horton upheld an appeal by the Forte Kiama Heights Development Pty Ltd against a decision by the Kiama Municipal Council to block modification of the development, which was originally consented to in 2022. 

The developer sought to modify the roof shape, height, internal layout, balcony projection, pool shape, landscape and driveway contained in the original consent. 

A mandatory conciliation conference was presided over by the Land and Environment Court at the end of May, beginning with an onsite meeting between representatives from both the developers and the representatives of the Council. The conciliation conference continued in the Court, where an agreement was hammered out. 

Loves Bay development image. Photo credit: Tony Owen Partners.

In terms of the height of the proposed development, which exceed the standard 8.5 metres by 450 millimetres, Commissioner Horton declared: “I have considered the Visual Impact Statement and photomontage analysis and I have considered the additional height to be reasonable when regard is had to the elevated views from properties on the opposite side of Elanora Street, and from a position below the site, closer to the foreshore. 

From both vantage points I accept the development as proposed to be modified is in keeping with the desired scale and character of the street and local area.”

Controversy over the Council’s original approval of the development escalated after celebrity architect Tony Owen posted on the Forte Sydney Property Group’s site: “Kiama Tourism Accommodation approved. Inspired by the Art of Matisse, this oceanfront hotel will push the boundaries of luxury.” 

As the area is zoned residential, Councillor Jessica Rippon declared: “In reviewing this information it clearly suggests that the applicant and associated consultants have potentially been deceitful in their interactions with Council through the application process.”

Residents of Elanora Street have previously recorded their upset over the upscale nature of the development clashing with the nature of the area, including increased visitation and parking problems. Residents spoken to by The Bugle earlier this month remain hostile to the development. 

One local, who did not wish to be named, said: “The Council pushes conditions against the locals, makes them adhere to rules and regulations, but for foreign developers they seem to approve anything. I hope it doesn’t go ahead. It is going to destroy my amenities in the street. If one developer breaches the regulations, it sets the precedent that they can be breached by anyone.”

The back of the house, currently sitting on the development site.

Although approached, the Forte property group declined to comment.

A spokesman for the Kiama Council said amended plans for the site were assessed by Council experts. 

"A view analysis accompanying the amended plans demonstrated the increase in view impacts, compared with the original plans, would be minor," the Council experts concurred that the amended plans were within the realms of a

reasonable modification of consent. The Court has now issued the agreed Modification Approval."