The owners of a private recreational facility at Kulnura where up to five prestige cars are allowed to be driven – not raced – around a private road has successfully headed off a Central Coast Council attempt to limit their operation.
The owners of the track went to the Land and Environment Court (LEC) to hasten approval for their development application (DA) to build an observation tower among other improvements at the property at 96 Barnes Rd, Kulnura.
The approval is one of a number of Central Coast Council DA decisions coming out of the LEC in response to developers using “deemed refusals” as a way to fast track development decisions.
In the next three weeks, the LEC has dates for 22 different cases involving Central Coast Council as the respondent in cases to do with proposed developments on the Coast.
The council, which last month welcomed back councillors after four years in administration, is behind the NSW State average time for assessing DAs with 38 per cent meeting the timing expectations of the NSW State Government.
The NSW Property Council and Business NSW Central Coast have both welcomed the new councillors and expressed the hope that Council would streamline the DA process.
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Owners of the private road have had approval since 1996 to drive the prestige cars on the private road.
The original approval noted that the road would be used intermittently with the cars normally garaged elsewhere.
“No “racing” of vehicles would be allowed and overtaking would be strictly controlled,” the 1996 approval stated.
In dealing with the new DA, Council wanted to restrict the use of the “private recreation facility” to a single individual and their family, as the property is owned by a corporation.
It also wanted to impose restrictions on the ongoing use of the site under the existing DA but the LEC declined to impose any conditions, finding them not reasonable.