Karnauchow v Penrith City Council [2026] NSWLEC 1289
Before: Porter C · NSW Land and Environment Court
Summary
This appeal is about whether an order should be revoked or modified on a residential property in the Penrith Local Government Area. The Applicant, Mr Armin Karnauchow (Mr Karnauchow) commenced Class 1 proceedings pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act). The Development Control Order (DCO) to demolish two premanufactured buildings and five awnings was issued on 6 May 2025 by Penrith Council (Order).
Catchwords
APPEAL – development control order – unauthorised structures – weight of evidence – authority to enter the site – consent needed to enter residential premises – no consent to enter – other evidence supports development control order – DCO issued
Outcome
The Court orders: (1) The appeal is upheld. (2) Development control order issued by Penrith City Council under s 9.34 and Pt 1 of Sch 5 of the Environmental Planning and Assessment Act 1979 (NSW) to the Applicant on 6 May 2025 to demolish two premanufactured buildings and five awnings shown in the order at 59 Farmview Drive Cranebrook, is modified by specifying the period for compliance to be 12 months from the date of the Court’s order, being 21 May 2027. (3) The exhibits are all retained.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 1.4, 8.18, 9.16, 9.17, 9.34, 9.35, Sch 5, Pt 1, Pt 4, cll 2, 4, 5, Pt 5, cll 6, 7, Pt 6, cll 8, 9, Pt 7 Land and Environmental Court Act 1979 (NSW), ss 17,39 Local Government Act 1993 (NSW) Penrith Local Environmental Plan 2010, cl 5.21 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, s 1.16
Read the full judgment
Authoritative text on NSW Caselaw · ~48k words
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