The matter has been taken to the Land and Environment Court, and a public hearing will take place this month.

In September 2012, a 40-hectare parcel at 242 Fern Street, Gerringong sold for $7 million, purchased by Robby Ingham Pty Ltd.

Owner/applicant Mr Ingham’s development application was tabled at Kiama council last November.

The proposal includes the construction of a principal and secondary dwelling, tennis court and pavilion, two swimming pools, and a barn and stables compound consisting of three buildings, two dams, a shed and access driveways.

The DA was reported to council because it has a development value in excess of $5 million.

Councillors unanimously endorsed the staff recommendation for refusal. 

Council maintain that the proposal is totally out of character for the area, will have significant adverse impacts and is inappropriate in its proposed location.

Last year, Kiama Mayor Brian Petschler said he had “not seen a development which hits so many roadblocks in terms of its approach to… The prohibitions in that report are just astounding”. 

Darrell Clingan is chairman of the South Precinct group, which acts as liaison between Kiama council and Gerringong residents.

He said the South Precinct opposed this development as it believes the proposal will significantly over-develop this rural site and includes significant structures on the ocean side of the foreshore building line.

The site is currently vacant.

After council’s determination, court documents for appeal were lodged on November 27.

The appeal was lodged with the Land and Environment Court. 

Robbie Ingham P/L v Kiama Municipal Council is listed for a s34 conference (a conciliation conference). 

According to council, as of this week the application remains the same as the one refused by council. On-site submissions to the Land and Environment Court are being sought in connection with the proposed development at 242 Fern Street at 10am on Thursday, April 21.