Morton Park owner Frank Maly ordered to pay $26,000 in bitter council legal battle

After running a farmstay on a 130-acre property for nearly 10 years, the owner has now been ordered to cease trading. He came to the attention of authorities after building a motorbike track and advertising an ‘Oktoberfest’ event.

After almost 10 years of operating as tourist accommodation, a Canyonleigh man has been ordered to cease operations and pay $26,000 for prohibited development of a koala habitat.

Frank Maly appeared in Picton Local Court on Tuesday for the final judgment in a protracted three-year legal battle with the Wingecarribee Shire Council. The Canyonleigh resident was charged with doing a specified development prohibited on the land after he developed his property, Morton Park, for use as a popular farmstay.

Extensive court documents show Maly bought the 130-acre property for $630,000 in 2012, believing he could continue using it as a farmstay for families and large groups.

Frank Maly has been convicted of building an illegal development at Morton Park, Canyonleigh after years of operating as tourist accommodation. Picture: Instagram

Morton Park was approved in the 1970s to host school camping trips and the previous owner built a cooking area, an amenities block, and 10 small basic cabins (which had not been approved by council).

Court documents show the property is classified as a highly protected koala habitat housing 335 koalas, which prohibits development for the purpose of tourist accommodation.

The prosecution argued Maly had bought the land as a residence only and had seen the council files which prohibited development on the land.

However, Magistrate Robert Walker determined there was no proof Maly had been told the existing buildings were not approved. He said the description of Morton Park advertised the property as “viable for many enterprises such as tourist accommodation, event hosting and various grazing operations”.

Maly’s development came to the attention of the council in 2018 after complaints from the public led to the discovery of the business, building work, and a motorbike track built for visitors.

Frank Maly has been convicted of building an illegal development at Morton Park, Canyonleigh after years of operating as tourist accommodation. Picture: Instagram

According to court documents, the accommodation poses a risk to the health and safety of visitors due to unapproved electrical work and a poorly secured private power line.

Investigations at the property uncovered “incapable” facilities with no history of food or drink licences, and a kitchen capable of catering for only ten people when Maly was advertising 250 vacancies.

When a council officer asked Maly about an event he’d advertised as ‘Oktoberfest’, court documents reveal he told her it was his “own personal bar not a public bar”.

When a council officer served an emergency cease use notice on the 2018 June long weekend, Maly told her: “If I have to stop I’m f***ed”.

The prosecution argued Maly was making at least $12,500 when all 250 vacancies were filled, not including the $25 charge per person to use the motorbike track, which was constructed without approval.

The court found Morton Park was not operating legally when he conducted a number of significant works to facilitate the use of the property for tourism.

Morton Park is a class one koala habitat. Picture: Instagram

A picture from Frank Maly’s GoFundMe to fund his legal battle with council. Picture: GoFundMe

In a statement to the court, Maly apologised for not being more careful with his enquiries when he purchased the property.

“I realise now I was wrong and I should have recognised I might be wrong,” he said.

After three years in court, Magistrate Walker fined Maly $2000 and ordered him to pay legal costs of $24,000.

In February this year, the council refused Maly’s application to continue using Morton Park as a tourism facility. The now-suspended council noted the inadequate justification for the property’s classification as an eco-tourist facility and deficient reports on the impact to the natural environment, traffic and bushfire risks.

On appeal in June, the Local Planning Panel voted unanimously to advise the rejection of the continued use of the property as a tourism site.