The July Meeting of Kiama Council has supported the controversial Planning Proposal for 5 Sims Rd, Gerringong, with some changes that will see it stay as RU1 land, but have general industries and landscaping material supplies included in that property's permitted uses. This is a solution that has previously been employed to allow other uses on rural land.

The option that was chosen, out of four provided by Council staff, was the same that was recommended to the June Meeting, and the only one that staff considered passed the necessary Strategic Merit test.

The June Meeting passed an edited down version of the motion, which the Department of Planning, Industry and Environment returned to Council as it was lacking the necessary detail.

"What is being proposed is a very sensible way forward," said Councillor Matt Brown during the debate.

"This does meet the strategic merit test, it has been spoken about since at least 2016, our community does support its council and its decisions, and the discussion of what would be on this land if it wasn't industrial was containers or a service station, which would be a heck of a lot uglier."

The Planning Proposal, by Gerringong businessman Derek McMahon, is seeking to allow general industrial development on the triangular site to the west of the Highway, formerly used by Fulton Hogan.

By giving the land additional permitted uses, rather than changing the zoning, Council will be the only determining authority for industrial uses on the site. It will also allow Council to stipulate the specific business types and the size of their operation.

"It is a step in the right direction for local business and employment," says Mr McMahon.

The public were unable to attend the July Council Meeting, due to COVID restrictions, but could view it online

Councillors Andrew Sloan and Kathy Rice were the only ones to vote against sending the Proposal for Gateway, the next step in the planning process [Councillor Mark Westhoff was absent].

Both criticised the Proposal as not passing the Strategic Merit Test as they judged it, and pointed out that the land was not considered for industrial use in the Local Strategic Planning Statement (LSPS), the 20 year strategic vision for the LGA finalised in June last year.

All of Council’s land use planning decisions – anything to do with the Local Environment Plan and the Development Control Plan – now has to be framed within the LSPS.

"Why wasn't it put forward for consideration in the LSPS if it has been talked about for some time by the Economic Development committee?" said Cllr Sloan.

"If we listened to the people we would be going through a proper process with the LSPS, identifying the sites, debating them, and then picking the best sites."

A study on where industrial land should go, proposed by the LSPS, is due to happen in the next year.

"General industry was never considered by the community in the LSPS," said Cllr Rice.

"The proposal is short circuiting the usual process.

"I feel strongly the community should be involved in making such significant decisions."

Amongst other things, Cllrs Way and Watson said they were supporting the Proposal for the local employment opportunities it would provide.

Aware of community concerns about the Proposal, Council has published FAQ on its website to explain the planning process and confirm the requirements that must be followed.

As an example, this question looks at what the decision means:

If the Proposal passes Council tonight does that mean the development is guaranteed?

No, the process must include further consultation and investigation. It will be required to be reported to the new Council for consideration later this year or early next year. If the change is made to the zone and or uses allowed on the land a further process is also required for any development to occur. This includes a development application process which will outline the exact use of the land, any buildings proposed, car parking, landscaping etc. These details are then further assessed and also provided to the community for comment.