Borg v Blacktown City Council [2024] NSWLEC 1425

Land and Environment Court New South Wales

Medium Neutral Citation: Borg v Blacktown City Council [2024] NSWLEC 1425 Hearing dates: 10 July 2024 Date of orders: 25 July 2024 Decision date: 25 July 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The development application DA-23-00690 for alterations and additions to the existing dwelling at 45 Marsden Road, Angus, is determined by the grant of development consent subject to the conditions in Annexure A. (3) Exhibits A and C are retained, and exhibits B and 1-5 are returned. Catchwords: APPEAL – development application – alterations and additions to existing dwelling house to raise it by 3m – existing dwelling house in flood prone land Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34AA Blacktown Local Environmental Plan 2015, cll 4.2A, 5.21 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023 Standard Instrument (Local Environmental Plans) Order 2006, cl 8 Texts Cited: Blacktown City Council WSUD Developer Handbook 2020 Blacktown Development Control Plan 2015 Blacktown City Council Scheduled Lands – Interim Policy, September 1994 Considering Flooding in Land Use Planning Guideline, Department of Planning, 14 July 2021 Eastern Creek Hydraulic Assessment Report 2014 Floodplain Development Manual, NSW Government, April 2005 Category: Principal judgment Parties: Andrew Joseph Borg (First Applicant) Christine Rose Borg (Second Applicant) Blacktown City Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicants) N Hammond (Respondent)