Agostino v Penrith City Council [2021] NSWLEC 1399

Land and Environment Court New South Wales

Medium Neutral Citation: Agostino v Penrith City Council [2021] NSWLEC 1399 Hearing dates: 5 July 2021 Date of orders: 6 July 2021 Decision date: 06 July 2021 Jurisdiction: Class 1 Before: Dickson C Decision: Refer to orders at [20] Catchwords: DEVELOPMENT CONTROL ORDER – unauthorised addition to existing shop – consent required for the works – terms of amended order agreed between the parties – Court has power to modify order – circumstances required for the order exist – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.70, 8.18, 9.34 Land and Environment Court Act 1979, ss 36, 39 Penrith Local Environmental Plan 2010 Penrith Local Environmental Plan (Rural Lands) 201 Cases Cited: Agostino v Penrith City Council [2010] NSWCA 20 Category: Principal judgment Parties: Antonio (Senior) Agostino (First Applicant) Domineco Agostino (Second Applicant) Antonio (Junior) Agostino (Third Applicant) Penrith City Council (Respondent) Representation: Counsel: T Poisel (Applicants) M Pearce (Solicitor) (Respondent)

Solicitors: GP Legal (Applicants) Penrith City Council (Respondent) File Number(s): 2019/356441 Publication restriction: Nil

Judgment 1. COMMISSIONER: The Applicant's appeal against a development control order (the Order) issued by Penrith City Council pursuant to s 8.18(1) of the Environmental Planning and Assessment Act 1979 (the EPA Act). The Order was a Demolish Works Order (Item 3) issued pursuant to Pt 1 of Sch 5 of the EPA Act. The Order requires the demolition of an unauthorised addition to an existing fruit and vegetable store at the site: 312 Third Avenue, Llandilo (Lot 2 in DP 221473).