Kiama Council rejected a development application for a house on Mount Brandon Road at Jerrara at Tuesday night’s monthly meeting, igniting debate over red tape, planning policy and the future of rural-residential development in the region.

Councillor Mike Cains spoke passionately to the motion to approve the development application for a two-storey house, garage and pool on the lot but was far from happy when it was voted down.

“The lot was legally created with the express purpose of housing,” Cr Cains said.

“I think it would be a most regrettable scenario if we ended up in a position where our policy position was to not approve this perfectly reasonable application.”

Councillor Yasmin Tatrai seconded the motion, frustrated at the bureaucracy holding back development in the LGA.

“We have two choices – we say no, and we move a sterilised block of land, or we say yes, and we allow these people to call it home,” she said.

“They’ve paid for land [and] yes, they missed the sunset clause, but isn’t it up to us to start cutting red tape?” she added in reference to a clause which expired in 2016 for rural development proposals affected by the advent of the Local Environment Plan five years earlier.

The lot in question was purchased by the current owners around two years ago, several years after the clause had expired.

Councillor Imogen Draisma agreed with this but said there were components that could not be overlooked.

“There are inherent challenges that are very specific to this block of land and they mostly relate not to just the application of the Local Environment Plan, but fundamental aspects of our planning documents, both state and LEP,” Cr Darisma said.

Councillor Erica Warren voted with Cr Cains and Cr Tatrai in favour of the proposal but Kiama Mayor Cameron McDonald, Deputy Mayor Melissa Matters, Draisma and fellow Councillors Matt Brown, Melinda Lawton and Stuart Larkins defeated the motion.

Cr Cains told The Bugle that this rejected application was not an isolated incident.

“We [Council] estimate that there’s up to 100–150 odd lots like this across the LGA, where essentially we would be relegating them to being sterile,” Cr Cains said.

“It is impractical, it’s not ethical or responsible or just, for us to say to people ‘that’s great, you’ve got a vacant block of land, enjoy mowing the grass’.”

Cr McDonald told The Bugle that there is a Rural Land Strategy in the pipeline and explained the complexity of the “red tape” surrounding LEP.

“Red tape’s an interesting way of putting it. As a Council we have development standards provided for in our LEP."

Concerns around bushfire safety considerations, stormwater, and engineering and earthworks were also raised as part of Council’s decision to reject the proposal.

"Council has followed the recommendations of our Planning Team in refusing the application," the Mayor added.

“Approving development on a rurally zoned lot that does not meet a significant number of development standards, including falling short of the minimum lot size by 99%, potentially opens the floodgates to urban sprawl in all of our rural areas – the very green rolling hills we know our community are passionate about retaining.

"At the same time we need to empower our rural land holders. We as a Council recognise the need for planning review. Council should not seek amendment of our LEP one lot at a time.

"We need to review our LEP in a strategic fashion, including via our Housing Strategy, Employment Lands Strategy and Rural Lands Strategy, rather than DA by DA, as this will shape residential and rural living in our LGA for years to come.”

The NSW Government has announced the introduction of landmark legislation to “cut the red tape”.

The NSW Planning System Reforms Bill 2025 has been put forward as a way to fast-track the development approval process for more homes and more jobs across the state.

“The current system has become a bottleneck in the state’s ability to build more homes – hurting housing supply, increasing costs and reducing community confidence,” Premier Chris Minns said.

Opposition Leader Mark Speakman wrote to the Premier and Planning Minister Paul Scully, proposing a bipartisan approach on the issue.

“Our commitment is clear – we are pro-housing, pro-reform, and determined to see NSW move forward and we will have more significant housing announcements to come between now and the 2027 election,” he said.