The Bugle App

The Bugle's View - Public interest test?

The Bugle App

The Bugle

05 March 2026, 7:00 AM

The Bugle's View - Public interest test?

Kiama Council’s recent decision to refuse the Fillmore’s development application - an initiative that would have allowed the venue to operate as a bar and restaurant and improve its viability through extended operating hours - has struck a nerve across the community.


What makes the decision particularly contentious is not merely the outcome, but the apparent disregard for the overwhelming public support recorded during the public exhibition and submissions process.


When hundreds of people line up in favour of an idea meant to revitalise the town’s cultural, economic and nighttime ecosystem, the question arises: whose interest, exactly, does “public interest” represent?


The Fillmore’s proposal was no fringe experiment - indeed, Council’s refusal is the latest in a long line of tete-a-tetes between Fillmore’s and Council.


After accepting they had breached Council’s noise controls, Fillmore’s embarked upon a development application to restore local live music to a post-pandemic landscape still straining for colour and connection.


In a town built on the draw of its coastal charm and village vibrancy, supporters saw live performance not as noise, but as activation - both cultural and commercial.



Community sentiment reflected an understanding of development, arts and the local economy as a living process, not simply bricks and decibels.


Yet Council cited quite a list of community concerns ranging from noise, compliance, safety, waste management, signage, "concealment and ambush opportunities", and inconsistencies with the objective of the local zoning, and opted to refuse the application.


There is, of course, a legitimate role for caution in planning and development decisions.



These are decisions that when made, are almost impossible to reverse and regulation ensures growth remains consistent with local character.


But when "public interest" is deployed as a veto rather than a balancing test, it risks becoming a shield against change rather than a tool for inclusive progress.


Public interest is not a static concept.



It evolves with the community that defines it.


In this case, the submissions process - meant as a democratic mechanism for gauging sentiment - offered rare (almost) unanimity.


The refusal, despite this consensus, suggests an institutional disconnect between procedural decision-making and lived community aspiration.



Or perhaps is there something more sinister at play?


Last August, Council applied for and received $200,000 of State Government (taxpayer) money to establish a “Special Entertainment Precinct”.


At the time, Mayor Cameron McDonald said the grant was a "fantastic opportunity to support live music, strengthen our hospitality sector, and give visitors and locals more reasons to enjoy Kiama after dark".


On the face of it, the refusal of the DA seems completely inconsistent with this grant.



Otherwise, where else is this "special entertainment" supposed to occur, if not on Manning Street, in the centre of town?


Council’s rejection may technically align with planning controls, but culturally, it appears to step against the rhythm of its own residents and its own NSW Government-sponsored aspirations.


Social media is alight with dozens of people expressing their shock, disbelief and anger at this outcome where it’s been reported that 92% of public submissions were in support of the proposal.


In our fair town, we’re used to the opposite, so it does make us think – who is the public, and has their interest been served?