Ni v Blacktown City Council [2009] NSWLEC 1112

Land and Environment Court of New South Wales

CITATION : Ni v Blacktown City Council [2009] NSWLEC 1112

APPLICANT Mei Hua Ni PARTIES : RESPONDENT Blacktown City Council

FILE NUMBER(S) : 10961 of 2008

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- demolition of all the existing structures on the site and the erection of a building for the purpose of a brothel - flooding

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Blacktown Local Environmental Plan 1988

DATES OF HEARING: 16/12/08, 24/03/09

DATE OF JUDGMENT: 21 April 2009

APPLICANT Mr J Hannaford, solicitor SOLICITORS Hannaford Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

21 April 2009

10961 of 2008 Mei Hua Ni v Blacktown City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Blacktown City Council (the council) of Development Application No. 08-755 for the demolition of all the existing structures on the site and the erection of a building for the purpose of a brothel comprising 10 working rooms, waiting rooms, reception areas, office and the utility areas. A total of 19 car parking spaces are provided at the side and rear of the proposed building.

2 The single issue raised by the council was impact of flooding on the proposed new building and carpark. The site 3 The site is Lot 7 in DP 21261 and is located at 22 Tattersall Rd, Kings Park. It is irregular in shape with a total area of 1505 sq m and is partly subject to a 15 m Easement to Drain Water that affects the western and northern boundaries the site (and adjoining sites). The easement contains 3 x 2700 x 1200 mm reinforced concrete box culverts. The site is also potentially affected by overland flows resulting from flooding which is less than or equal to the 1% annual exceedance probability flood in circumstances where flows are unable to enter or be contained within the culvert system.