Frequently Asked Questions

• Animals/pets
• Building
• Tree Removal
• Infringement Notices
• Heritage
  
• Vacant Land Overgrown
• Hire of Council's Halls or Reserves
• Waste
  
• Vacant Land for Sale
• Planning
• Blue Haven Retirement Village

Animals / pets

Barking dogs

Q) What can I do about a barking dog?

A) Barking dogs can sometimes create a nuisance to neighbours. If you are being affected by a dog barking near your residence there are several ways you may wish to address the issue:

• The parties concerned can meet and attempt to resolve the issue.


• The parties concerned can arrange to attend a Community Justice Centre meeting with a mediator arranged through the local court. This is a free service and further information on this service can be obtained through Community Justice Centres on 1800 650 987, the local court and Council. If no reconciliation can be made, you can contact Council with details of the situation and location of the animal and Customer Service staff can log an action request for you. The action request will then be forwarded to Council's Ranger Services for their attention.

Q) How and when do I register my dog?

A) All dogs and cats that are 6 months old or over need to be registered and microchipped. To register your dog or cat an application form must be completed and the application fee paid. For more information please contact Council's Customer Service Unit.

 

Dog off-leash areas

Q) Where can I walk my dog off the leash?

A) There are several designated "off-leash areas" within Kiama Municipality where you can walk your dog off the leash. These areas are identified in detail in the off-leash area brochure (pdf 1.54 MB).

 

Dogs on the beach

Q) Can I walk my dog on the beach?

A) Dogs can swim and be walked in a designated portion of Bombo Beach and Werri Beach during certain hours of the day. The section of Bombo Beach and Werri Beach is signposted at access points to the designated area and dogs must still be in the control of a competent person and comply with the provisions of the Companion Animals Act. More information can be obtained from the off leash area brochure (pdf 1.54 MB).

 

Poultry (chooks)

Q) Can I keep chickens in my yard?

A) Chickens may be kept in your yard in accordance with the requirements of the Local Government (General) Regulations 2005 but, in the event of Council receiving any complaint about the chickens, Council’s Ranger Services may need to inspect the site. All situations will be actioned and dealt with on their individual merits

Q) What can I do about that noisy rooster?

A) Roosters can sometimes create a nuisance to neighbours. If you are being affected by a rooster near your residence there are several ways you may wish to address the issue:

• the parties concerned can meet and attempt to resolve the issue
• the parties concerned can arrange to attend a Community Justice Centre meeting with a mediator arranged through the local court. This is a free service and further information on this service can be obtained through Community Justice Centres on 1800 650 987, the local court and Council.

If no reconciliation can be made, you can contact Council with details of the situation and location of the rooster and Customer Service staff can log an action request for you.

The action request will then be forwarded to Council’s Ranger Services for their attention.

 

Infringement notices

Q) If I receive an infringement notice that has been issued by a Council officer, can I resolve this at the Council administration building in Kiama?

A) Any Infringement Notice that has been issued must be dealt with by the Office of State Revenue, Ph: 1300 138 118. All enquiries must be directed to the State Debt Recovery Office.

Vacant land

Overgrown vacant land

Q) The block next door / across the road is vacant and overgrown, what can I do?

A) If you are being affected by an overgrown vacant parcel of land nearby, you can contact Council's Customer Service Unit and log a Customer Action Request. You will need to identify the location of the property and provide Council with details of the issue. The action request will be forwarded to Council's Ranger Services and an inspection will be undertaken. If Council's Ranger Services determine that action is required to clean and clear the site, the owner(s) may be served with a Notice of Intention to Give an Order. The Notice will identify the circumstances for serving the proposed order and also the terms of the proposed order.

Vacant Land for Sale - does it have dwelling entitlement?

Q) This block of land is for sale, can I build?

A) If you are contemplating the purchase of a rural property and not sure as to whether the parcel of land has dwelling entitlement, you will need to apply for a Section 149(2) and (5) Planning Certificate through Council. This is the only way to obtain this information.

Council also has zoning maps available for perusal at the Council administration building, where you can identify current zoning of the subject site and then research the Local Environmental Plan to obtain information as to which activities are permissible within that zone and which activities are prohibited within that zone.

Building

Q)How can I tell if a dwelling I am proposing to purchase has been legally approved and constructed in accordance with Council's requirements?

A) You need to apply for a Building Certificate (pdf 39 KB). Fees and the required process are indicated on the application form.

Heritage

Q) Can I alter or modify a heritage listed dwelling?

A) Advice should be sought from a qualified heritage consultant with regard to any development which extends or modifies the building.

Hire of Council's halls or reserves

Q) If I want to hire a Council reserve, who do I contact?

A) It is possible to hire a reserve for certain functions. Please contact Council's Engineering & Works Department.

Q) If I want to hire a town hall for a function or activity, who do I contact?

A) It is possible to hire the town halls for certain functions. Council accepts bookings, through the Customer Service Unit for Kiama Showground Pavilion, Gerringong Town Hall, Gerringong School of Arts, Jamberoo School of Arts and Werri Beach Progress Hall.

Planning

Q) Can I find out a zoning of a property over the phone?

A) Due to legal reasons, a zoning of a property cannot be advised over the phone. You can either:

1. write to Council
2. fax to Council
3. come into Council and view Council's zoning maps.

Please note that in relation to (1) or (2) above, you need to specify the correct address, including Lot and Deposited Plan number in order for the correct details to be supplied.

Q) Why do I need a Planning Certificate?

A) A Planning Certificate (Section 149) is usually required when you are selling a property and may provide you with further information regarding land use and constraints if you are purchasing a property.

Q) How do I find out if a rural property I am looking at purchasing has a dwelling entitlement?

A) You will need to apply for a Planning Certificate (Section 149(2) and (5)).

Tree removal

Q) What do I do to prune or remove a tree?

A) To prune or remove a tree you first need to complete Council's Tree Removal form. This will then be registered and forwarded to the Council's Tree Preservation Officer for processing.

Preservation & Management of Trees

Kiama Development Control Plan Chapter 3 - Preservation and Management of Trees and Vegetation was adopted in 2012.

An application for permission to remove or prune trees (pdf 31 KB) is necessary for any tree management on private land. For inspections of street trees or trees in reserves or parks, call Customer Services on 4232 0444.

Q) What is the process for applying for a permit?

A)

• Obtain an application form (pdf 31 KB) - also available at Council's Customer Service desk.
• Fill in all the blanks on the form and sign it.
• Submit the form at Council's Customer Service Desk, post it or fax it to 4232 0555. Response is usually within two weeks of submission of the application form.
• A permit will be either left in the letterbox or posted out if the application is successful.
• If unsuccessful, a letter will be sent to the applicant at that time.

Q) Why does Kiama Municipal Council have a requirement to obtain a permit for tree pruning and removal?

A) The benefits of trees are numerous and evoke engineering, environmental, economic and aesthetic reasons for their inclusion in a protection order.

Some advantages of trees are that they:

• control erosion
• minimise runoff from stormwater
• absorb air pollutants
• conserve energy use around buildings
• reduce global warming by tying up carbon
• provide habitats for wildlife
• contribute to the atmosphere of Kiama by using signature trees eg. Norfolk Island Pines, Figs and Cabbage Palms
• screen ugly outlooks eg. carparks and industry
• provide privacy
• frame beautiful vistas
• or simply look beautiful throughout the changing seasons

Under sub-clause 5.9 of Kiama Local Environmental Plan 2011, a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation, without development consent or a permit being granted by Council.  This clause applies to trees and vegetation that:
(a) are 3.0 metres or more in height; or
(b) have a diameter of 200 mm or more at a height of 1.0 metre above the ground; or
(c) have a branch spread of 3.0 metres or more.

Q) What do I do about my neighbour's trees overhanging my property?

A) Follow this procedure:

• Persons can obtain approval to prune overhanging branches of a neighbour's tree, ie the part overhanging the boundary.
• A permit must be obtained by submitting an application form which must have the owner's signature on it.
• If the owner does not agree to the work being done, the parties must resolve the matter.
• Council cannot and will not order any work to be done unless it is part of a Court Order.

Q) What trees are exempt from the order?

A) Refer to Appendix 1 - Exempt Tree Species of Chapter 3 - Kiama DCP 2012 - Preservatoin and Management of Trees & Vegetation.

 

Q) What action will Council take if people break this law?

A) The policy for dealing with breaches of the Order depends on the seriousness of the breach.

Minor breaches include severe pruning which threatens the life expectancy of the tree or severely effects its form; or the removal of trees which have no special significance. These breaches are dealt with by issuing a Penalty Infringement Notice.

Serious breaches include the removal, poisoning or heavy lopping of a number of trees, or the removal of a single significant tree. If Council decides that a serious breach has been committed then a prosecution is launched through the Court. The Court may impose fines ranging up to $110,000 and/or orders for restoration.

 

Q) What trees and shrubs are recommended for Kiama?

A) For residential gardens, see Native Planting Guide for Residential Gardens (pdf 2.23 MB), or Grow Local Illawarra Native Garden Guide (pdf 2,512 KB) - both are available from the front counter.

For development sites, see Kiama Development Control Plan - Chapter 8 - Landscaping.

 

Q) Does the Council have free trees?

A) To encourage a green environment, Council gives two free trees a year to rate payers.

Planting guide - helpful hints:

• Find out the mature size of the tree and select a spot that gives it plenty of room to grow.
  
  
• Plant deciduous trees on the northern side of a building to allow adequate sunlight in winter.
  
  
• Position trees to screen out hot western sun in summer.
  
  
• Do not plant trees with a mature height of more than 3.5 metres under electricity wires.
  
  
• Consider where your underground services are located.
  
  
• Plant appropriate plants for the site.
  
  
• Always plant quality-grown plant stock and train your trees into structurally stable forms ie. do formative pruning at an early stage to develop a single leader formation.

Waste

Q) What are the Minnamurra Waste Depot hours?

A) 8:00am to 4:00pm Monday to Friday (Closed Christmas Day, New Year's Day and Good Friday). NOTE: Saturdays from 8am to 12noon and closed on Sundays.

Q) What do I do if my garbage bin requires repairing or if a new or replacement bin is required?

A) Please contact Council's Waste Services Unit on 4237 7621 to report any incidents.

Q) What do I do if my bin is stolen?

A) Forms are available for residential and rural dwellings (pdf 21 KB) and for businesses (pdf 21 KB). In the case of a stolen or lost bin, please contact Waste Services on (02) 4237 5148 or email Kiama Council.

Blue Haven Retirement Village

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