Marine Parade, MacMasters Beach shop top development approved by court

After more than 100 submissions and a council refusal, this shop top development proposal in the exclusive beachside hamlet of MacMasters Beach was dead. But, the Land and Environment Court has had other ideas.

A 3D artist's impression of the 77 Marine Pde, MacMasters Beach development approved by the Land and Environment Court on June 4, 2019

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A shop top development proposal in the exclusive beachside hamlet of MacMasters Beach has been granted approval in the Land and Environment Court despite attracting more than 120 objections from local residents.

The three-storey proposal lodged in 2016 by Winphil Pty Ltd is located opposite the beach at 77 Marine Pde and provides for a kiosk, a cafe, basement parking and six apartments. It sits adjacent to a public reserve.

The court’s decision was made on June 4 following a conciliation conference between Central Coast Council and the developer’s legal teams.

The empty lot opposite the beach at 77 Marine Pde, MacMasters Beach.

In giving her orders, Commissioner Susan O’Neill wrote the proposal was consistent with the area’s zoning conventions because “it provides small scale retail uses combined with residential development”.

The council had refused the $2.5 million development in February 2018 declaring it “not compatible with the local area”.

Citing issues with bulk and scale, the council’s assessment was that the build represented too great a departure from the surrounding one and two storey residences.

Planners found the proposal exceeded height limits for the area and would have adverse effects on neighbours’ privacy and their views.

But, the court disagreed, and said height limit was acceptable “relative to the topography that forms the context of the site”.

Winphil Pty Ltd’s directors are listed with the Australian Securities and Investments Commission as Russell Green, of Lugarno, and Jeanette Green, of Oatley.

Mr Green had previously gained approval for a development on the site in 2004 and excavation work was carried out. But, the site has remained dormant for more than a decade since.