Cathy Law
15 October 2021, 12:58 AM
Rejecting the advice of Kiama Council and appeals from the community, the State Government has approved a planning proposal by White Constructions for the rezoning of a large parcel of land west of the Highway.
The proposal for the land, between Saddleback Mountain Rd and Weir St, will create 444 lots (285 standard size, 156 small lots and 3 large lots).
The Department of Planning, Industry and Environment (DPIE) has concluded the proposal has strategic and site specific merit and issues raised during consultation can be addressed.
“I am very disappointed that the concerns of the community and council were not taken into serious account,” says Mayor Mark Honey.
The chair of Central Precinct, Mark Greaves, is extremely disturbed by the decision.
“It is amazing when we live in a democracy that those rezoning decisions are totally taken out of our hands. Even though we made a strong recommendation to the Minister that the rezoning shouldn’t go ahead, the Department has gone and done it anyway.
“It wasn’t that long ago that zoning decisions were totally under the control of local government. Now they can just totally override that.”
He had been concerned for the past month or so because the decision was taking so long.
“It appears that consensus of public opinion is worthless. It is not right we have no right of appeal. The developer did when it was initially rejected.”
The Member for Kiama, Gareth Ward, says he will be raising the matter in Parliament next week.
“This is an appalling decision that will put greater pressure on our existing services.
“I have raised my objections with NSW Planning and I strongly believe this decision is not supported by our local community.
“The Department has totally ignored the views of local people and I oppose the rezoning.”
In a report to the Government in July, Council said the proposal failed to satisfy the necessary Strategic Merit and Site-Specific Merit Tests.
It opposed the large development because of lack of need at the current time, heritage and flooding concerns, it being ahead of the development of a Local Housing Strategy, the excessive fill that would be required and community opposition.
The recommendation was supported unanimously by councillors.
The Planning Proposal was not supported by Transport for NSW or the Illawarra Local Aboriginal Lands Council, and the DPIE’s own Energy & Science Division was concerned about flood plain risk management.
300 submissions were received on the proposal, with only 16 for it. Those submissions highlighted the need for increased supply of housing and the local jobs that would be created during construction. The submissions against it raised concerns about strategic merits, traffic and parking impacts, loss of rural landscape, flooding issues, heritage impacts and infrastructure capacity.
Councillor Warren Steel says he is shattered by the decision, because of the traffic issues it is going to cause.
“Unless an access is provided onto the highway, which Transport for NSW says won’t happen, I think we should fight it all the way.
“There is like to be 650 houses there, with at least 1000 cars. It just won’t work.”
News of the decision has been made public via an addendum Report for Council’s October Meeting.
The report says: “The decision of DPIE is primarily based on consideration of land availability with the Kiama LGA, other urban release areas (or the lack thereof) and a consideration of the site-specific merits of the proposal. It is also based in the context of the Regional Plan for the area, projected growth, and significant need to facilitate development outcomes which generate commensurate housing opportunities.
“Whilst there remain concerns over infrastructure and servicing of the site, the DPIE believe that this can be resolved through the future discussions and negotiations through both the masterplan, subdivision process and future development assessments. The Department has determined that the PP meets the strategic merit test and the decision of DPIE is a valid decision and that there is no legal review or recourse available.”
It goes on to recommend, “The efforts of staff at this point are best directed towards working constructively with the proponent and State Government to achieve positive outcomes.”
“I understand this news about south Kiama may be a shock for the community,” says Council’s CEO Jane Stroud.
“Our team have prepared a report to Council so that the public can be informed of the state government’s decision and to enable our staff to create a productive working model to move forward with.
“Growth can be controversial. The State Government’s Illawarra-Shoalhaven Regional Plan clearly shows that our part of this beautiful region is growing, so I am not surprised that we too need to share a responsibility for that growth.
“I am focused on accepting that now that the decision has been made by the State, it’s everyone’s best interest to work together and collaborate. To try and work collectively to ensure that the development outcome, which will ultimately become part of the shape of our community, is managed well.
“I worry about resourcing such a significant development process but it’s vital that your Council and our staff have a seat at the table as this moves forward.”