Blackman v Dungog Shire Council [2024] NSWLEC 1792

Land and Environment Court New South Wales

Medium Neutral Citation: Blackman v Dungog Shire Council [2024] NSWLEC 1792 Hearing dates: 5-6 December 2024 Date of orders: 9 December 2024 Decision date: 09 December 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is dismissed. (2) Development Application No. DA 128/2023 for a boarding or training establishment comprising 28 breeding dogs at 241 Fishers Hill Road, Fishers Hill is determined by way of refusal. (3) The exhibits are returned except for Exhibits 4, A-C, which are retained. Catchwords: APPEAL – development application – dog breeding establishment – noise amenity considerations – visual amenity considerations Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34 Protection of the Environment Operations Act 1997 Dungog Local Environmental Plan 2014, cl 6.12, Cases Cited: Jonah Pty Limited v Pittwater Council (2006) 144 LGERA 40; [2006] NSWLEC 99 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Texts Cited: Dungog Development Control Plan 2013 NSW Environment Protection Authority, Noise Guide for Local Government 2023 NSW Environment Protection Authority, Noise Policy for Industry 2017 Category: Principal judgment Parties: Cherilyne Blackman (First Applicant) Frederick Blackman (Second Applicant) Dungog Shire Council (Respondent) Representation: Counsel: N Hammond (Applicants) M Harker (Respondent)