MKY Enterprises (Aust) Pty Ltd v Central Coast Council (No 2)

[2025] NSWLEC 1215

Land and Environment Court

New South Wales

Medium Neutral Citation:

MKY Enterprises (Aust) Pty Ltd v Central Coast Council (No 2) [2025] NSWLEC 1215

Hearing dates:

2 and 6 December 2024

Date of orders:

04 April 2025

Decision date:

04 April 2025

Jurisdiction:

Class 1

Before:

Gray C

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) The development application DA/609/2023 for the subdivision of land at 213 Pollock Avenue, Wyong and 30 Jensen Road, Wadalba to create 81 residential lots and an environmental lot, together with associated earth works and subdivision works, is determined by the grant of consent, subject to the conditions of consent in Annexure A.

Catchwords:

APPEAL – subdivision application including subdivision works – urban release area – direction made in earlier decision for the first plan of subdivision to be amended – direction complied with – final orders made

Legislation Cited:

Central Coast Local Environmental Plan 2022, cl 4.1G

Cases Cited:

MKY Enterprises (Aust) Pty Ltd v Central Coast Council [2025] NSWLEC 1123

Category:

Consequential orders

Parties:

MKY Enterprises (Aust) Pty Ltd (Applicant)
Central Coast Council (Respondent)

Representation:

Counsel:
M Fozzard (Applicant)
C Rose (Solicitor) (Respondent)

Solicitors:
Sydney Law Practice Pty Ltd (Applicant)
Wilshire Webb Staunton Beattie Lawyers (Respondent)

File Number(s):

2023/196863

Publication restriction:

No

Judgment

1. COMMISSIONER: In a judgment given on 5 March 2025, MKY Enterprises (Aust) Pty Ltd v Central Coast Council [2025] NSWLEC 1123, I gave a decision on an appeal concerning a development application for the subdivision of land at 193 and 213 Pollock Avenue, Wyong and 30 Jensen Road, Wadalba.

2. In that decision, I found that, subject to a change in the first plan of subdivision to incorporate into a single lot all of the land zoned C2 Environmental Conservation and the land zoned R2 Low Density Residential that was proposed to become an environmental lot, the subdivision is permissible in the staged manner in which it is proposed. This was to achieve compliance with cl 4.1G(3) of the Central Coast Local Environmental Plan 2022.

3. As I summarised at [119] of the judgment, I also found that the proposed “subdivision design is acceptable, notwithstanding the location of the buffer, the height of retaining walls and the smaller corner lots.” In that decision, I also ruled on a number of conditions of development consent that were in dispute between the parties.

4. Accordingly, the orders at [132] of that decision were for the filing of an amended plan of subdivision for the first subdivision that is to be carried out, and for the preparation of final conditions of consent.

5. The applicant has now filed an amended Plan of Subdivision that the parties agree, and I accept, complies with the requirements of Order (1) made on 5 March 2025. That is a Plan of Subdivision filed on today’s date, with reference number 190803-DP-001-D. Having regard to the zoning overlay provided (Ex N), I consider that this Plan of Subdivision is a subdivision of land that complies with cl 4.1G(3) of the Central Coast Local Environmental Plan 2022.

6. The conditions of consent, also filed today, reflect my findings of 5 March 2025 and are updated to reflect the reference number of this Plan of Subdivision.

7. I am satisfied that development consent should now be granted, subject to the conditions of consent that were filed today.

8. The Court orders that:

1. The appeal is upheld.

2. The development application DA/609/2023 for the subdivision of land at 213 Pollock Avenue, Wyong and 30 Jensen Road, Wadalba to create 81 residential lots and an environmental lot, together with associated earth works and subdivision works, is determined by the grant of consent, subject to the conditions of consent in Annexure A.

J Gray

Commissioner of the Court

Annexure A

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Decision last updated: 04 April 2025