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

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

Subject to amendment of the first plan of subdivision to enlarge proposed Lot 1 to include Lot 82, the proposed subdivision is permissible under CCLEP cl 4.1G and relevant statutory exemptions; none of the design issues raised by the Council warrant refusal of the development application. Development consent is granted subject to the preparation of an amended plan and revised conditions.

Parties
Applicant: MKY Enterprises (Aust) Pty Ltd; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
05 March 2025
Procedural Posture
Appeal / Judgment After Hearing
Outcome
Appeal upheld; development consent granted subject to amendment and conditions.
Legal Topics
Subdivision Application, Minimum Lot Size, Urban Release Area, Environmental Management, Development Consent, Buffer Zones, Retaining Walls, Lot Size
Planning Law Environmental Law Subdivision Application Minimum Lot Size Urban Release Area Environmental Management Development Consent Buffer Zones +2 more

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Parties

MKY Enterprises (Aust) Pty Ltd

Applicant

Central Coast Council

Respondent

Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether the proposed subdivision contravenes minimum lot size requirements under the Central Coast Local Environmental Plan 2022
  2. 2 Permissibility of subdivision for land zoned C2 Environmental Conservation
  3. 3 Compliance with subdivision controls regarding buffer zones, retaining wall heights, and lot sizes

Ratio Decidendi

Subject to amendment of the first plan of subdivision to enlarge proposed Lot 1 to include Lot 82, the proposed subdivision is permissible under CCLEP cl 4.1G and relevant statutory exemptions; none of the design issues raised by the Council warrant refusal of the development application. Development consent is granted subject to the preparation of an amended plan and revised conditions.

Court Disposition

Appeal upheld; development consent granted subject to amendment and conditions.

Orders

  • The proposed Plan of Subdivision prepared by Brett Anthony Burns Williams is to be amended so that proposed Lot 1 is enlarged to contain the land described as proposed Lot 82 in DA-005.
  • Applicant to prepare, file and serve the amended Plan of Subdivision by 21 March 2025.