Last week, the Land and Environment Court has approved our client’s appeal in Wilson v Kiama Municipal Council [2026] NSWLEC 1423 for a new dwelling house, swimming pool, machinery shed and ancillary access at Wyalla Road, Jamberoo.
The proposal sought approval for a dwelling on a 30.23ha rural holding despite the 40ha minimum lot size requirement for dwelling houses under Clause 4.2A of the Kiama Local Environmental Plan 2011.
We acted for the Applicant in these proceedings and successfully demonstrated that the proposed development would support the ongoing agricultural use of the land, minimise potential conflict with surrounding rural activities, and achieve the objective of minimising unplanned rural residential development.
The Court upheld the Clause 4.6 request, finding that compliance with the minimum lot size development standard was unreasonable and unnecessary in the circumstances and that sufficient environmental planning grounds existed to justify the variation.
Importantly, the Court confirmed that a properly justified Clause 4.6 request can facilitate a planned development outcome notwithstanding a contravention of Clause 4.2A.
The judgment builds on the reasoning in Sharp v Kiama Municipal Council and provides what is arguably the clearest direction to date in the Kiama context regarding the approval of dwellings on undersized rural lots where there is compelling evidence that agricultural productivity will be maintained and the objectives of the development standard are achieved.
This is a significant decision for rural landowners and practitioners dealing with dwelling applications on lots that fall below the 40ha threshold.
A big congratulations and thank you to the client and consultant team for all their hard work in achieving this excellent outcome.
Disclaimer: As with all Land and Environment Court decisions, the judgment may be subject to appeal and should not be relied upon as establishing a final or binding position until all appeal rights have expired or been exhausted.
