Agostino v Penrith City Council [2021] NSWLEC 1399

Agostino v Penrith City Council [2021] NSWLEC 1399

The unauthorised addition to the shop required planning approval under the Environmental Planning and Assessment Act 1979 and was erected without such approval; the circumstances exist for issuing an amended demolish works order, and the Court has power under s 8.18(4) EPA Act to modify the Order as agreed by the parties.

Jurisdiction
Australia
Judgment Date
06 July 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld
Legal Topics
['development Control Order' 'unauthorised Works' 'modification of Orders' 'land Use Consent']
['planning and Environmental Law'] ['development Control Order' 'unauthorised Works' 'modification of Orders' 'land Use Consent']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the unauthorised addition to the shop required development consent' 'Whether the Order for demolition was correctly issued' 'Whether the Court had power to modify the Order as agreed by the parties' 'Whether the circumstances for issuing a demolish works order exist']

Ratio Decidendi

The unauthorised addition to the shop required planning approval under the Environmental Planning and Assessment Act 1979 and was erected without such approval; the circumstances exist for issuing an amended demolish works order, and the Court has power under s 8.18(4) EPA Act to modify the Order as agreed by the parties.

Court Disposition

Appeal upheld

Orders

  • ['The Appeal is upheld.' 'The Development Control Order dated 16 October 2019 is modified to require demolition of the unauthorised addition by 29 October 2021 in accordance with the Studio Block plans and photographs.' 'The First Applicant must ensure that no person erect signage or display specified items for sale...