Jamberoo Mt Rd update p3
Council tackles Sydney Water p3
Case for keeping Blue Haven p3
NRMA office to close
Approval for Greyleigh events
p6
p13
25 MAR 2023
Council to fight to sell Spring Creek After unsuccessful appeals to the State Government and election candidates to have the caveat removed on its properties at Spring Creek, Council is to attempt having it lifted by legal means. The covenant has the effect of limiting the ability to build housing on the land until quarry activities cease, despite other blocks closer to the quarry having houses. “[Due to improvements in blasting technology], lots closer to the quarry than Council’s investment land holdings have been allowed
to proceed, while the Council owned lots have endured 30 years' worth of restrictive caveats which have prevented development from occurring,” says Mayor Neil Reilly’s Mayor Minute on the issue. “Repeated request for the removal of the caveats have been denied by the State Government.” Legal advice will be taken on whether they can be removed by a formal withdrawal, the caveat lapsing or a court order. At this stage, Mayor Reilly favors an application to the
With the deadline for Performance Improvement Orders set by the Minister for Local Government looming at the end of June, Kiama Council has issued its draft Strategic Improvement Plan (SIP) 2. "Our State of the Organisation led to the SIP 1. Now we have the Performance Improvement Orders that are guiding SIP 2," says Mayor Neil Reilly. "It is really important that the OLG (Office of Local Government) regard us as
the manager of this. The SIP is something we have developed ourselves, as the mechanism for how we will overcome our difficulties." The draft (available in the March Council Business Papers) will be the subject of a councillor workshop before the strategic approach is finalised at the April Meeting. The Mayor is keen to point out that it will be a living document, monitored and adjusted regularly.
Focusing on further action
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Supreme Court to order a withdrawal of the caveat. “I consider this option as best as the need to remove the caveat is urgent and the caveator bears the burden to establish a caveatable interest and reasonable cause (i.e. an interest in the land). “Given Council is subject to a State Government issued Performance Improvement Order, relating directly to its financial position, all steps available should be explored with a degree of urgency and assertiveness.” Council owns both five fully serviced housing blocks on Glenbrook Drive (2772m2), and a 22.7 acre (9.2ha) holding of residential zone land opposite and to the north of them. Some master planning was done on the site in 2018, but it has not been formally subdivided. It is believed it would yield upwards of 90 blocks, possibly as many as 120. With current land values, this would raise considerable money for Council and increase housing availability in the area. "We are looking for solutions to our financial situation and it is right there," says CEO Jane Stroud. "It would absolutely change the game and the other decisions that have to be made."
Golden Valley Rd to be tested in court
Despite the threat of being held personally responsible for legal expenses that are likely to arise, five Kiama councillors who originally rejected the Golden Valley Road DA have stood by that decision by voting against a rescission motion. Mayor Neil Reilly was the only councillor to change his vote to support the rescission, warning of the consequences of rejecting the DA for the sub-division. “We are very clear about what is going to happen,” he said, referring to Neville Fredericks of the Fountaindale group saying at Public Access that a rejection would be taken to the Land & Environment Court. “Saying we don’t like it isn’t going to hold much weight. I don’t think we have a leg to stand on.” This is because, after a two year gestation, the DA was recommended for approval by planning staff. Councillors Rice, Keast, Renkema-Lang, Larkins and
Draisma held their line that it was against the DCP in a number of areas, and their concerns about the urban design, aboriginal heritage protection and bushfire risk. In proposing the rescission, Councillor Matt Brown said he was concerned those rejecting the DA were relying on incorrect facts, and that while there were a number of things he didn’t like about the design there was no doubt it was compliant. “I haven't read a more comprehensive report during my time on Council,” he said. Councillor Croxford said Council shouldn’t be responsible for any costs involved with defending the rejection, and that he would apply for the councillors supporting the decision to be subject to a surcharge that can be applied by the Government when a decision leads to a loss. “Why should Council have to pay?” he said. Members of the Jamberoo community that we spoke to were surprised by the
outcome. A statement from Fountaindale reads, "We are disappointed that a majority of councillors did not support our application last night. "We have resolved to take this matter to the Land and Environment Court and have been advised that with the benefit of a recommendation for approval from Council staff there is a good chance of success through that avenue. "It’s a shame that both Fountaindale and Council will now need to spend a significant amount of money to fund a court process to re-assess a proposal that has already been determined as compliant with all requirements. "This will inevitably delay the development by at least 6 months which I’m sure will be a disappointment to the many people who have expressed interest in purchasing a block of land." At the same meeting, a 37 lot subdivision in Henry Parkes Drive was approved.