Kiama Council statement – Fillmore’s development application

Kiama Council statement - Fillmore's development application

Published on 04 March 2026

Kiama Council acknowledges the reaction to the recent refusal of the development application relating to Fillmore's. Council acknowledges that there has been plenty of community support for the development proposal but unfortunately the development application as it stands was unable to be approved after detailed assessment by staff.

Council officers assessed the application in accordance with the Environmental Planning and Assessment Act and relevant planning instruments as approved under their delegation.

Both the notice of determination and full assessment report provide the clear rationale for the decision. The report also documents a wide range of compliance and application concerns and show staff's unwavering commitment to working through issues and maintaining open lines of communication with the applicant in both pre and post lodgement phase.

The report identified valid land use planning issues relating to pedestrian and public safety, land encroachment, access, lack of laneway right of use, acoustic impacts and compliance with applicable planning and regulatory requirements. Community submissions, for and against, were also considered and do form part of the assessment process; however, Council staff must consider a wide range of statutory and planning matters. Unfortunately, the application did not adequately address these issues at the submission and assessment stages, and was therefore unable to be approved.

Council strongly encourages residents to read the publicly available facts contained within the decision notice and assessment report on Council's DA Tracker to be informed of the rationale.

Council staff undertake their roles in good faith and in accordance with delegations and statutory obligations. Planning decisions are not personal, they are based on land use and statutory considerations.Council respects the right of community members to have views and reactions to decisions whether they support or disagree with the decision. Public servants and Elected Officials performing their duties have the right to feel and be safe in the workplace as they perform their tasks in the communities they reside in. Likewise, those who make submissions, whether in support or against, have the right to peaceful amenity and to express their views.

Media contact:
Claire Doble: 0477 274 858
[email protected]

Related Information

• DA Tracker

• Media Releases