A controversial fast-food development on the Pacific Hwy at Kariong has been approved by the Land and Environment Court (LEC) after originally being refused by the Central Coast Local Planning Panel in November 2023.
It had been referred to the Panel after 88 submissions were received by Central Coast Council, 86 of them objecting to the proposal, with a recommendation for refusal from Council.
But on May 2, LEC Commissioner Danielle Dickson upheld an appeal by Parklands Kariong Development following conciliation meetings between the developer and Council.
In upholding the appeal, Dickson granted approval for a four-lot subdivision at the entry to the parklands to house three fast-food outlets – McDonald’s, KFC and Guzman y Gomez (GYG).
The approval also encompasses associated external roadworks, earthworks, tree removal, landscaping, stormwater infrastructure and services, carparking and signage at 5 The Avenue.
Roadworks will include construction of a new left-in (only) entry road (right of carriageway) and deceleration lane to the Central Coast Hwy and a second internal road (right of carriageway) for the three proposed food and drink premises.
The McDonald’s restaurant will be on Lot 2 with a total gross floor area (GFA) of 380sqm, 38 car spaces and two drive-through bays.
KFC will be on Lot 3 with a GFA of 272sqm, 32 car spaces and two drive-through bays.
GYG will be on Lot 4 with a GFA of 277sqm, 28 car spaces and two drive-through bays.
The decision follows a conciliation conference organised by the court between Council and the developer, which was held on November 4, 2024.
Conciliation was ultimately terminated and the matter listed for hearing.
But the parties continued to negotiate in relation to the form of the development and appropriate conditions of consent resulting in amendments made to the DA in December 2024 addressing Council’s concerns.
The parties ultimately reached an agreement based on the amended plans and documents.
“As the presiding Commissioner, I am satisfied that the decision is one that the court could have made in the proper exercise of its functions,” Dickson said.
Dickson said Transport for NSW (TfNSW) had approved construction of vehicular access to Central Coast Hwy.
She was also satisfied that the development was not likely to have a serious and irreversible impact on biodiversity values and that proposed signage was withing acceptable parameters.
“The proposed identification signage will be compatible with the existing and desired future character of the Kariong locality and in particular the Mount Penang Parklands area … and is consistent with the particular commercial theme for outdoor advertising in this area,” the judgement said.
Dickson said signage would not obscure or compromise any important views, nor dominate the skyline.
Opponents of the development had expressed concerns regarding traffic and environmental impacts of the development and the proximity of fast-food outlets to nearby schools.
Kariong residents and local council said no to this proposal
Does not the locals have a voice anymore ?
Going to cause more traffic, rubbish and vandalism in the local area