A subdivision at Warnervale where some blocks will include an area of land reserved for public recreational space has been approved by the Land and Environment Court.
The 61-lot subdivision at 77-91 Warnervale Rd, Warnervale, will go ahead with some of the potentially residential land including public recreation land within the same block, known as “split zoning”.
Bounded by Warnervale Rd and Virginia Rd, the 5.2ha site adjoins Porters Creek Public School to the west and Warnervale Community Centre to the north.
The Court concluded that the split-zoned parcels of land were capable, if future consent was sought, of accommodating future residential dwellings within the portion of the lot zoned R1 Residential and in compliance with the relevant planning controls.
Commissioner, DM Dickson, noted Central Coast Council had expressed no willingness to acquire ownership of the land zoned RE1 Public Recreation land.
The applicant Vale Nominee Pty Ltd had argued that there were a number of common permissible uses in the R1 General Residential and RE1 Public Recreation zones other than residential purposes.
These include centre-based childcare, caravan parks, community facilities, emergency services facilities, information and education facilities and respite day care.
There was no obligation on any lot owner post subdivision to carry out development for residential purposes, the applicant said.
The applicant said the RE1 portion of the land could be fenced and landscaped without breaking the Council’s Local Environmental Plan and there was no reason why a rezoning application could not proceed in the future.
Council was unsuccessful in its argument that the proposed development did not represent orderly development due to the creation of split-zoned lots.
Merilyn Vale
Warnavale town centre still getting build we getting to many houses getting build in warnavale aria but still we waiting for this shopping centre to be build can some one tell me what is going on this been going for to long now with out solution I will appreciate some information thank you
government and businesses makes money from doing home builds. They lose money from building infrastructure like shops, schools, libraries community buildings to support these residents
This would be a better choice to use this parcel of land for the proposed high rise apartments at Oasis Caratel Caraven Park, Kanwal.
This would negate the disruption &
unhousing of current residents as per the proposal!
This site would be closer to public transport & the M1!
This would cause less strain on the current infrastructure, during & after the proposed construction at Kanwal!
wait till it floods seen it all under water