Kiama councillors have deferred a decision on a controversial subdivision at the western end of Jamberoo to seek further legal advice.
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A 7.8-hectare Wyalla Road property near the Allowrie Street roundabout is proposed to be subdivided by Peter Taranto’s Huntingdale Developments to include 30 Torrens title housing lots, restricted to those aged 55 and older, and 26 detached residential housing lots.
A neighbouring property owned by businesswoman Colleen Camarda will supply another 11 residential lots.
On Tuesday night Kiama councillors voted 6-2 to seek further legal advice in relation to the development being outside the established village boundaries of Jamberoo, as defined in the Illawarra Regional Environmental Plan No 2.
The council’s director of environmental services Phil Costello said advice from the Department of Planning and Environment was that this inconsistency was of ‘‘a minor nature’’ justified by the Illawarra Regional Strategy of 2006 and the Kiama Urban Strategy of 2011.
However Kiama Mayor Brian Petschler said the majority of councillors wanted to be cautious after contrary legal advice was presented by opponents to the project.
Councillors Warren Steel and Mark Way opposed a deferral, with Cr Steel saying the development was ‘‘a blessing’’ and would be Jamberoo’s ‘‘saviour’’.
Cr Steel said the legal objection put forward was ‘‘a furphy’’ designed to delay the project.
‘‘The quicker this goes ahead the better it is for Jamberoo,’’ Cr Steel said.
Wyalla Road resident Reg Curnow expressed concern that the whole justification for the development of the area was the seniors component, yet 65 per cent of the area would be standard residential lots.
Questions were raised why the seniors component was listed for the third stage of the release area, with prime residential lots to be subdivided in the first two stages.
Cr Petschler said the council had been informed that infrastructure for the seniors component would need to be in place for the second residential stage to go ahead.
Cr Petschler said the matter would return to the council once the legal advice was received.