NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Agostino v Hornsby Shire Council [2021] NSWLEC 1708 Hearing dates: 3 November 2021 Date of orders: 23 November 2021 Decision date: 23 November 2021 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The appeal is upheld. (2) The Demolish Works Order issued on 30 July 2021 is modified pursuant to s 8.18(4)(b) to require the following works: (a) Remove the shipping container, trellis structure and associated shade cloth from the front north-eastern corner of the Premises, as identified in Figure No. 1 and Images No. 1 – 4 (attached to this Order). Catchwords: APPEAL – development control order – modify the development control order under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 –unapproved shipping container on residential site Legislation Cited: Environmental Planning and Assessment Act 1979 ss 1.4, 1.5, 8.18, Sch 5 Pt 1 Hornsby Local Environmental Plan 2013, s 2.1, Pt 3 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 s 2.18 Texts Cited: Hornsby Development Control Plan 2013 Category: Principal judgment Parties: Vincent Agostino (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: V Agostino (Litigant in Person) (Applicant) T Pickup (Solicitor) (Respondent)
Solicitors: Local Government Legal (Respondent) File Number(s): 2021/194622 Publication restriction: No
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