Agostino v Penrith City Council

The case of *Agostino v Penrith City Council* concerned an appeal to the New South Wales Court of Appeal. The appellants sought an extension of time to file a summons for leave to appeal against a decision concerning a development application. The primary dispute involved a development application to increase the size of an existing fruit and vegetable store from 150 square metres to 765 square metres, which had been refused by Penrith City Council.

The central legal issue before the Court of Appeal was whether the phrase "with a maximum floor area of 150 sq. m" within Penrith Local Environmental Plan No 201 constituted a development standard or a prohibition upon development. This determination was crucial for assessing the prospects of a successful appeal.

The Court considered the appellants' delay in seeking alternative advice regarding the prospects of appeal. Ultimately, the Court decided to extend the time for the filing of the summons for leave to appeal, granted leave to appeal, but then dismissed the appeal itself. The reasoning for dismissing the appeal, while not detailed in the provided text, led to the final orders.