Bhavsar v Blacktown City Council [2023] NSWLEC 1487

Land and Environment Court New South Wales

Medium Neutral Citation: Bhavsar v Blacktown City Council [2023] NSWLEC 1487 Hearing dates: 13-14 September 2022 and 7-8 August 2023 Date of orders: 29 August 2023 Decision date: 29 August 2023 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development consent for Development Application DA-19-00438 seeking change of use of an existing residential dwelling to a place of worship, raising of an existing building, construction of a raised carpark and associated works on Lot 190 DP 633188, also known as 170 Grange Avenue, Schofields is refused. (3) All exhibits are returned, except Exhibits F, K and 10. Catchwords: DEVELOPMENT APPLICATION – change of use of residence to place of worship – flooding impact and reliance on evacuation plan – effectiveness of stormwater design Legislation Cited: Blacktown Local Environmental Plan 2015, cll 2.3, 5.21, 7.1, 7.3, 7.5 Environmental Planning and Assessment Act 1979, ss 4.15,4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006, appendix 12 State Environmental Planning Policy Amendment (Flood Planning) 2021 Standard Instrument (Local Environmental Plans) Order 2006, cl 8 Texts Cited: Blacktown City Council Development Control Plan 2015 Department of infrastructure, Planning and Natural Resources, NSW Floodplain Development Manual, April 2005 Department of Planning and Environment, West Schofields Draft Masterplan, September 2018 Category: Principal judgment Parties: Kunal Bhavsar (Applicant) Blacktown City Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) A Seton (Solicitor) (Respondent)