Five-storey Esplanade development is approved

A five-storey mixed-use development with basement parking has been approved by the Land and Environment Court for 43-46 The Esplanade, Ettalong.

The Court ratified an agreement, reached between the applicant, Parform Pty Ltd, and Central Coast Council, for a development with 37 apartments and five shops on Thursday, April 2.

The development application was lodged in 2024 and placed on public exhibition in October and November that year.

The approved plan reduces the number units, changes the mix of bedroom sizes, increases the total number of beds, decreases the number of shops, increases the number of car spaces, and reduces the gross floor area from the numbers proposed in the original application.

It also reduces the number of units with solar access.

However, the external size and appearance of the building remains substantially the same as in the original application.

The application followed a rezoning approval in 2023 to allow the height, despite a 6000-signature petition objecting.

After Central Coast Council had failed to make a decision on the development application within 40 days, the applicant lodged an appeal with the court, claiming a "deemed refusal".

The court arranged a "conciliation conference" on site on September 1 last year.

This was terminated on November 27 and the matter listed for hearing.

The written decision by Commissioner Danielle Dickson states that "Prior to the commencement of the hearing the parties advised the Court they had reached agreement.

"The Court arranged a further conciliation conference, which was held on March 6.

"I presided over the further conciliation conference."

The agreed plan reduces the number units from 39 to 37.

It changes the mix of bedroom sizes, deleting two one-bed apartment, reducing the number of two-bedroom apartments from 27 to 22 two-bed, and increases the number of three-bedroom apartments from nine to 14.

A single four-bed apartment remains.

The plan increases the total number of beds from 87 to 90.

It decreases the number of shops from six to five.

It increases the number of car spaces from 57 to 59, but reduces residential parking from 40 spaces to 38 in basement parking.

It increases the number of commercial car spaces from 17 to 21 at ground level, increasing the ratio from one space for every 40 square metres of commercial floor area, to one space for every 30 square metres.

This ratio allows the commercial areas to be used as shops, rather than being restricted to use as "commercial" or office premises.

The total gross floor area is reduced by just under five per cent from 5543 square metres and a floor space ratio of 1.75:1 to 5280 square metres for a floor space ratio of 1.66:1.

Compliance with solar access requirements has been reduced from 71.8 per cent to 59.5 per cent, 22 out of 37 units.

Guidelines require 70 per cent compliance but the approved plans state that the 60 per cent compliance is acceptable due to the "unique context" of the site, where the primary outlook is toward the water to the south.

The final plans maintain a maximum building height aligned with the 17-metre limit allowed under the rezoning.

It keeps the 12-metre separation between the two towers of the development, to preserve water views from neighbouring properties.

They retain the two-storey podium height, of 8.75m along the frontages before the building steps back for higher levels.

All vehicle access is restricted to the rear laneway with the entry for residential parking near the Picnic Parade end of the laneway and the access for commercial traffic at the other end.

A 12-metre designated loading bay for waste vehicles is sited in the laneway between the two carpark entries.

The drawings show a total of 9013 cubic metres of soil will be removed for the basement and that its depth will take it below sea level at RL -0.13 metres.

The Commissioner said she had an obligation to ratify the agreement reached by the parties as long as it was "one that the Court can make in the proper exercise of its functions".

She said she was "satisfied that the submissions have been considered in the determination of the development application by either amendment to the application or by the imposition of conditions of consent."

She went on to say any adverse impact would be avoided to various aspects including the integrity and resilience of the biophysical, hydrological (surface and groundwater) and ecological environment.

Submissions from members of the community had expressed concern with the lack of detail provided both in the acid sulfate soil and geotechnical reports initially provided with the application.

However, the schedule of documents presented to the court shows that several new reports were produced during the conciliation conference.

The existence of these reports was publicly revealed at the time and were not provided to representatives of the community even though this had been requested.

The Commissioner stated that it was "unlikely" acid sulfate soils were present on the site.

"Notwithstanding , the annexed conditions include conditions requiring the management of such soils in a manner consistent with the ASSMP (Acid Sulfate Soil Management Plan) if they are found during construction.

SOURCE:

Land and Environment Court, 2 Apr 2026

[2026] NSWLEC 1162, Parform Pty Ltd v Central Coast Council

Wright aims to have Australian flags flown in Umina

Cr Jared Wright has successfully moved for a review of Central Coast Council's flag and banner policy.

Cr Wright's motion noted "ongoing concerns from the Peninsula Chamber of Commerce and residents of the Umina Beach area around our current flag policy, noting that the Australian flag has not been displayed on Council's street banner infrastructure around Australia Day".

"The goal is to review the policy so that the Australian flag can be flown on Council's banner infrastructure along the main street in Umina Beach," he said.

In a response to Cr Wright's notice of motion, council general manager Mr David Farmer said: "The operational purpose of flag poles and street banner infrastructure is fundamentally different.

"Street banner infrastructure is primarily designed for temporary promotional banners rather than the ceremonial or permanent display of official flags."

"As part of a policy review, Council could . . . limit the flying of official flags to designated flag poles only, in accordance with National Flag Protocols.

"This would provide clarity that official flags, including the Australian National Flag, are to be flown only on appropriate flag pole infrastructure where dignity, visibility and protocol requirements can be consistently met."

Cr Wright's motion was passed at the March 24 Council meeting.

SOURCE:

Media release, 13 Apr 2026

Jared Wright, Central Coast Council