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

Land and Environment Court New South Wales

Medium Neutral Citation: MKY Enterprises (Aust) Pty Ltd v Central Coast Council [2025] NSWLEC 1123 Hearing dates: 2 and 6 December 2024 Date of orders: 05 March 2025 Decision date: 05 March 2025 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The proposed Plan of Subdivision prepared by Brett Anthony Burns Williams dated December 2024 is to be amended so that proposed Lot 1 is enlarged to contain the land described as proposed Lot 82 in DA-005 in addition to the area presently contained within proposed Lot 1. (2) The applicant is to prepare, file and serve the amended Plan of Subdivision referred to in order (1), by 21 March 2025. (3) The parties are to confer and agree on the conditions of consent, revised in accordance with the Court's rulings, by 28 March 2025 and file the revised conditions by 31 March 2025. (4) The proceedings are listed on 4 April 2025 at 9:00am for disposal of the proceedings. (5) Exhibits 1-6, C-F and H are returned, the remaining exhibits are retained. Catchwords: APPEAL – subdivision application including subdivision works – urban release area – permissibility of subdivision where minimum lot size applies – staged subdivision – each stage considered separately – acceptability of subdivision design Legislation Cited: Biodiversity Conservation Act 2016, ss 7.7, 7.13 Conveyancing Act 1919, ss 23G, 195 Environmental Planning and Assessment Act 1979, ss 3.43, 4.12, 4.16, 4.22, 6.2, 6.15, 7.11, 7.13, 8.7 Local Government Act 1993, s 49 Roads Act 1993, Pt 2, Div 1, ss 5, 9 Rural Fires Act 1997, s 100B Biodiversity Conservation Regulation 2017, cl 7.2 Central Coast Local Environmental Plan 2022, cll 2.3, 2.6, 4.1, 4.1G, 4.2D, 4.6, 6.1, 6.2, 7.6 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 4, Pt 4.2, s 4.9 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, s 2.75 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Camden Council v Cranney [2018] NSWLEC 127 Goldcoral Pty Ltd (Receiver and Manager Appointed) v Richmond Valley Council [2024] NSWLEC 77 Johnson v Coffs Harbour City Council [2018] NSWLEC 1094 Rich v Lennox Palms Estate and Anor [2009] NSWLEC 167 Texts Cited: Central Coast Council's Civil Works Specification Design Guideline 2020 Central Coast Development Control Plan 2022 NSW Rural Fire Service, Planning for Bushfire Protection 2019 Warnervale District Contributions Plan 2021 Category: Principal judgment Parties: MKY Enterprises (Aust) Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: P Tomasetti SC and M Fozzard (Applicant) T To (Respondent)