Castaneda v Blacktown City Council [2023] NSWLEC 1545

Land and Environment Court New South Wales

Medium Neutral Citation: Castaneda v Blacktown City Council [2023] NSWLEC 1545 Hearing dates: Conciliation Conference on 23 June and 31 July 2023 Date of orders: 21 September 2023 Decision date: 21 September 2023 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders: (1) The appeal is upheld. (2) The Applicant is to immediately cease using the caravans located on the land legally identified as Lot 44, Section B, DP 193074 and known as Lot 44 Grange Avenue Schofields (the Property), until such time as Orders (3) and (4) are complied with. (3) The Applicant is to remove the unauthorised structures (not including the three caravans) from the Property which consist of dilapidated building materials such as canvas, corrugated iron, prefabricated steel sheeting, timber, corrugated fibreglass sheets, timber doors, screen doors, glass panels, and other scrap like timber and all other associated dilapidated building materials from the land forming the unauthorised structure, as depicted in Annexure A, within 120 days of the date of these orders. (4) The Applicant is to remove all imported land fill from the Property which is spread over an approximate area of 187 square metres and approximately 2 metres in depth, as depicted in Annexure B, within 180 days of the date of these Orders. Catchwords: APPEAL – development control order – stop use order – demolish works order – restore works order – unauthorised structures – importation of fill – flood prone land – environmental harm – conciliation conference – agreement between the parties – compliance orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.18, Div 9.3, Sch 5 Land and Environment Court Act 1979, ss 17, 34, 63 Land and Environment Court Rules 2007, r 7.7 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 State Environmental Planning Policy (Precincts—Central River City) 2021, Appendix 9, cl 2.3 Category: Principal judgment Parties: Elizabeth Castaneda (Applicant) Blacktown City Council (Respondent) Representation: Counsel: D Castaneda (Agent) (Applicant) L Raffaele (Solicitor) (Respondent)