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.