Aghlmand v Penrith City Council [2024] NSWLEC 1456

Land and Environment Court New South Wales

Medium Neutral Citation: Aghlmand v Penrith City Council [2024] NSWLEC 1456 Hearing dates: 27 June 2024 Date of orders: 01 August 2024 Decision date: 01 August 2024 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) The Development Control Order reference DC22/0460 issued by Penrith City Council to the Applicant on 15 August 2023 pursuant to Pt 9 Div 9.3 ss 9.34(1)(a) and 9.35(1)(c) of the Environmental Planning and Assessment Act 1979 in relation to the premises known as 38 Muscio Street Colyton NSW 2760 and being the whole of the land in Lot 142 DP 26030 is modified pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 in accordance with Annexures A and B. Catchwords: DEVELOPMENT CONTROL ORDER – demolish extension to residence Legislation Cited: Environmental Planning and Assessment Act 1979, Pt 9, Div 9.3, ss 1.4, 4.2, 8.18, 9.34, 9.35, Sch 5, Pt 1 Land and Environment Court Act 1979, s 17 Penrith Local Environmental Plan 2010, cl 2.3 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Pt 2, Div 1, cl 2.2 Cases Cited: BCI Finances Pty Limited (in Liq) v Binetter (No. 4) (2016) 348 ALR 227; [2016] FCA 1351 McKenzie v Randwick City Council [1996] NSWLEC 42 SH Camden Valley v Camden Council [2015] NSWLEC 104 Texts Cited: Expert Witness Code of Conduct National Construction Code 2022 Category: Principal judgment Parties: Sonia Aghlmand (Applicant) Penrith City Council (Respondent) Representation: Counsel: P H Zadeh (Agent) (Applicant) B Gallifuoco (Respondent)