Kiama Local Environmental Plan 2011

Kiama LEP 2011 gains a new clause 6.14 dealing with affordable housing in the defined Kiama Depot Housing Area. It sets out affordable housing principles (rents capped at 30% of household income, rotation of proceeds back into affordable housing, build quality matching market dwellings), and imposes assessment gatekeeping for residential development on that land. Crucially, consent cannot be granted unless a development control plan exists for the land, and the consent authority must consider the affordable housing principles and the impact on the local residential mix. The consent authority may also impose a condition requiring an affordable housing contribution, calculated as a percentage of the residential gross floor area shown on the Affordable Housing Map, which can be satisfied by dedicating dwellings (each at least 50m2), a monetary contribution, or a mix of both. Boarding houses, community housing, group homes, hostels and public housing are excluded.

Schedule 1 item 8, which previously allowed a community facility to be developed with consent on land at 105 Shoalhaven Street, Kiama (part of Lot 102, DP 775450), has been removed. The provision now contains no operative content, meaning this site-specific additional permitted use no longer exists. Any community facility proposal on this land must now rely on the standard zoning permissibility rather than this special allowance.

This change reflects a consolidation of Schedule 5, Part 1 (the list of heritage items) of the Kiama Local Environmental Plan 2011 as in force on 19 June 2026. Comparing the earlier and later versions of the table, the heritage items — their suburbs, names, addresses, property descriptions, significance ratings and item numbers — are unchanged. No items have been added, removed, reclassified or had their details amended.

Schedule 1 lists site-specific additional permitted uses across the Kiama LGA. This amendment repeals item 8, which previously allowed development for a community facility (with consent) on part of Lot 102, DP 775450 at 105 Shoalhaven Street, Kiama. The item is now blank. All other additional permitted uses in the schedule are unchanged. With item 8 gone, a community facility is no longer authorised on that land by way of an additional permitted use — its permissibility now depends solely on the land use table for the applicable zone.

Schedule 5 lists every heritage item, archaeological site and heritage conservation area in the Kiama LGA. This consolidation records an amendment made by the 2026 (287) instrument (Sch 1[3]), which is now reflected in the schedule's amendment history. The heritage list itself is the legal source for whether a property is a heritage item or sits within a heritage conservation area — the trigger for heritage-specific controls under clause 5.10 of the LEP. Anyone relying on the schedule should work from this current consolidated version rather than an earlier copy.

Kiama LEP 2011 gains a new clause 7.5 creating an exception to the minimum lot size controls. Where an original lot (or part of it) sits in an urban release area and in an approved land use zone (RU1, RU2, C2 or C3), consent can be granted to subdivide so as to create one or more residual lots below the minimum lot size shown on the Lot Size Map. This recognises that as urban release areas are developed, leftover residual parcels in surrounding rural/environmental zones may end up smaller than the standard minimum, and provides a clear pathway to create them lawfully rather than treating the undersized lot as non-compliant.