Frequently Asked Questions

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 152 Kb).

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 during certain hours of the day. The section of Bombo beach is signposted at both 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 152 Kb).

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.

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 Infringement Processing Bureau, Hunter Region, Ph: 1300 138 118. All enquiries must be directed to the Infringement Processing Bureau.

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 39kb). 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 and Jamberoo School of Arts.

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.

Tree Preservation Order

The Tree Preservation Order was adopted in 1995.

An application for permission to remove or prune trees (pdf 31Kb) is necessary for any tree management.

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

A)

• Obtain an application form (pdf 31Kb) - 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 0444. 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 Tree Preservation Order?

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 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

Q) What is Kiama's Tree Preservation Order?

A) The Tree Preservation Order states that no tree, specified by the Order, shall be ring-barked, cut down, topped or lopped, injured or removed without prior Council approval.

Q) When do I need approval?

A) Written Council consent is required before disturbing any tree that is:

• three metres or more in height
• has a girth of 200mm or more at one metre above the ground
• has a branch span of three metres or more

Q) What trees are exempt from the order?

A) Domestic fruit trees, rhus trees, privet trees, loquat trees and coral trees are exempt from the order.

Q) When don't I need approval for pruning?

A) If the pruning being undertaken comprises less than 5% of the total canopy and is for the purposes of maintaining the shape and form of the tree. (This work is usually carried out using hedge shears or secateurs and is limited to outer foliage with stem diameters of less than 10mm).

Note: There is currently no fee charged for the inspection or for issuing a permit.

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. The present fine is $600.

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.

Council has lists of undesirable plants, endemic plants and Trees Special Significance. (pdf 402Kb)

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.
  
  
• All planting should 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 Tip hours?

A) 8:00am to 4:00pm - 7 days (Closed Christmas Day, New Year's Day and Good Friday).

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 21Kb) and for businesses (pdf 21Kb). In the case of stolen or lost bin, please contact Waste Services on (02) 4237 5148 or email council@kiama.nsw.gov.au.

Blue Haven Retirement Village

Q) Who owns Blue Haven Retirement Village?

A) Blue Haven Village is fully owned and operated by Kiama Council, which ensures professional ongoing management of the Village. Residents therefore have the confidence of residing in a village operated by a public authority.

Q) How are decisions made concerning the operation of the Village?

A) The Blue Haven Board of Management meets quarterly and consists of a number of citizen representatives and elected Councillors. Representatives of the Blue Haven residents also attend these meetings in order to assist in the flow of information. These meetings are open to the public.

Q) Is Blue Haven a "three-tiered" Retirement Village?

A) Yes. The Blue Haven Aged Care Facility consists of a 52-bed nursing home and 30 hostel units. The Retirement Village consists of 115 Independent Living Units. In addition, Council holds a substantial area of land to the east of the existing village for future development in the years ahead. Blue Haven Village is the only three-tiered retirement village in the Kiama township and is the only retirement village which is owned and operated by Kiama Council.

Q) What happens if I need to move from the Retirement Village (Independent Living Units) to the Aged Care Facility?

A) Blue Haven recognises the importance of being close to your spouse should he/she require either respite, or full time Hostel or Nursing Home accommodation. While every effort is made to assist those Independent Living Unit residents who may eventually require Hostel or Nursing Home accommodation, the allocation of available places is on an assessed-needs basis, with Blue Haven residents and members of the broader community being treated equally. It is also important to note that due to the advantages of Independent Living Unit accommodation over living in one's own home (e.g. the lift and emergency call system), many residents find that they can cope in their units without the need for more institutionalised care.

Q) What happens to the money I pay for my Independent Living Unit?

A) Your money is safe with Council and controlled by the terms of the contract (loan licence agreement) between the resident and Council. The "price" of an Independent Living Unit at Blue Haven represents an interest-free loan to Council, in return for which the resident receives a licence to occupy the Unit. There are presently three options available to residents at Blue Haven:

Option 1 (Applies to Stage 1 units only)
Half price and no refund after 11 months

This option represents the payment of 50% of the normal loan amount required for a particular unit. The amount paid is then amortised completely over a period of 11 months on a daily pro-rata basis. In return, the resident(s) retains the right to live in the unit for as long as they are able to care for themselves in the self care environment.

Option 2 (Applies to all units, ie Stages 1 to 4 and all garages)
"At cost" price and refund less 5% per annum

This option has always been available at Blue Haven and provides for the resident to pay an interest-free loan to Council. The resident acquires the unit at cost, ie below market value. When the unit is no longer required, the outgoing resident (or their estate) receives the original amount paid, less 5% of this amount for each year of occupation (calculated on a daily pro-rata basis). (This 5% per annum reduction is known as "amortisation", the maximum amount of which is 25%, which would occur after 5 years of occupation.) When the unit is no longer required, a new occupant is found by Council and the balance of loan monies due is refunded within 14 days. Should a new occupant not be found after the expiration of 6 months, the Council undertakes to still refund the full amount due at the end of this 6-month period. All amounts generated by the amortisation of residents loans and capital appreciation realised on the resale of units are separately accounted for by Council and used solely for the purpose of improving the Village and the amenity of residents. It is also important to note that many potential residents, whilst being able to afford a unit at Blue Haven may not be in a financial situation to make an up front contribution to the cost of providing infra-structure (eg lifts, gardens and communal buildings). This necessary infrastructure is therefore financed as indicated above from the 2.5% amortisation and the retention of any capital appreciation. Council has adopted this strategy in order to ensure that Blue Haven units are affordable to the general community and that the lifestyle available at Blue Haven represents value for money.

Option 3 (Applies to all units - Stages 1 to 4 and all garages)
"Market value" price plus full refund

This option provides for the payment of an interest-free loan, which is returned in full to the outgoing resident (or their estate). The price is based upon the market value of the unit, which is 25% more than the Option 2 value. When the unit is no longer required, a new occupant is found by Council and the full amount of loan monies due is refunded within 14 days. Should a new occupant not be found after the expiration of 6 months, the Council undertakes to still refund the full amount due at the end of this 6 month period.

Summary of Options

Option 1 is available for Stage 1 units only and provides for half the normal cost of entry and no refund after 11 months.

Option 2 is available in all Independent Lliving Units and garages and provides for acquiring a unit "at cost" with the amount refundable being reduced by 5% for each year of occupancy on a daily pro-rata basis (maximum 25% reduction at 5 years).

Option 3 is available on all Units and garages and provides for acquiring a unit at "market value" costed at an additional 25% above Option 2, with a full refund within 6 months of departure, or within 14 days of a new loan being received for the Unit.

Q) Are Unit prices negotiable?

A) Whilst the prices of Independent Living Units are not negotiable, Council may be in a position to make an interest-bearing loan to a potential resident in order to bridge the gap between the price of the unit and the amount they clear for their home. The actual amount that may be borrowed is subject to negotiation and in certain cases may be as high as 10% of the Option 2 price of the unit. Repayment of principal is not required, however the loan is subject to compound interest calculated at the "three year bond rate".

Q) How are weekly maintenance levies calculated and what do they include?

A) Unlike a Strata-Unit, there are no individual Council or water rates payable by the resident. Rates and charges, electricity and maintenance of the grounds and inclusions in residents' units are all covered by the one low weekly maintenance levy. Individual residents only pay their own contents insurance (of their privately owned furniture), individual electricity and telephone. Maintenance levies are only varied with regard to the actual costs associated with the operation of the Retirement Village (Independent Living Units). There is no cross-subsidisation between any of the three tiers of the Retirement Village or any other aspect of Council's operations. Prior to the setting of maintenance levies for the next twelve-month period, a proposed budget is placed before a meeting of all residents. The budget, once approved by the residents, together with any recommendations as to increases in maintenance levies, is then placed before the Blue Haven Board and Council for final approval.

Q) Are lock-up garages included in the cost of the Unit?

A) Since many residents move to Blue Haven because they no longer drive, there has been no requirement to build the same number of garages as Units. Plenty of lock-up garages are available however, including some with remote-controlled doors and these are subject to the same loan licence conditions as Independent Living Units. Garage prices range between $7,500 and $15,000.

Q) What services are available to Residents of the Independent Living Units at Blue Haven?

A) The full range of Home And Community Care (HACC) services, are available to Independent Living Unit residents, including Home Nursing, Meals on Wheels and Community Transport (subject to the availability of places). The "Vitalcall" emergency call system, which uses a pendant for each Unit, is easily activated by the resident in the case of an emergency. This call for help immediately registers with the Resident Managers who are then able to assess the situation and call for any backup if required. This system operates 24 hours per day, 365 days per year. Meals may also be taken in the Hostel dining room (by prior arrangement) at a modest cost. Likewise the Hostel Respite Unit is available to Independent Living Unit residents, should it be available when the need arises. The Village Centre is the focal point for the many social activities enjoyed by residents. These include carpet bowls, crafts, games (especially cards), "Melbourne Cup Lunches" and the like. Residents are also free to enjoy the Village Centre with visiting friends and relatives.

Q) What is the role of the Resident Managers?

A) Council has engaged a husband and wife couple who live in the village. Their primary responsibilities are as follows:

• 24-hour monitoring of the emergency call system
• taking appropriate action in the event of an emergency call
• maintenance of lawns and garden areas
• minor maintenance of buildings.

Q) Can I have guests stay in my Independent Living Unit?

A) Most certainly, it is your home. Permission, however, is required for stays in excess of 4 weeks.

Q) What is the price range for units available at Blue Haven?

A) Option 2 prices of Independent Living Units across stages 1, 2, 3 and 4 are attached. These prices are reviewed annually (from the first of January each year).

Q) Are there any additional charges payable upon entry or at departure?

A) There are no additional charges payable upon entry or at departure. The loan licence agreement is also exempt from stamp duty.

Q) When is Blue Haven open for inspection?

A) Providing the privacy of residents is respected, visitors are welcome to inspect all common areas within Blue Haven during normal office hours. The allocations office is usually open during these hours. To ensure you receive full attention, it's best to arrange an appointment by first phoning (02) 4233 1714.

Q) Does Blue Haven have a waiting list for previously occupied units?

A) Blue Haven's waiting list operates differently from most other Retirement Villages where waiting times may run to many years. Our waiting times are considerably shorter, as those seeking to be placed on the waiting list must, at the time when they are placed on the waiting list, desire to move immediately and be able to make full payment within 6 weeks when offered a unit. Due to the above two requirements, Blue Haven's waiting list is usually quite short. However, the timing of the availability of units for reoccupation also affects waiting times. Potential residents who need to sell their home in order to acquire a unit at Blue Haven will usually need to find temporary accommodation until they are offered a unit.