Bay State Construction Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 86

Land and Environment Court New South Wales

Medium Neutral Citation: Bay State Construction Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 86 Hearing dates: 16 June 2020 Date of orders: 13 July 2020 Decision date: 13 July 2020 Jurisdiction: Class 6 Before: Preston CJ Decision: The Court orders: (1) The appeals are allowed. (2) The fines imposed on Bay State Construction Pty Ltd by the Local Court on 4 October 2019 in proceedings 2018/250264 of $6,000, 2018/245678 of $10,000 and 2018/249414 of $20,000 are set aside. (3) Instead of those fines, Bay State Construction Pty Ltd is fined as follows: (a) $26,000 for the offence committed on 3 January 2018; (b) $6,000 for the offence committed on 14 May 2018; (c) $4,000 for the offence committed on 5 July 2018. Catchwords: APPEAL – appeal from the Local Court – appeal against severity of sentence – carrying out prohibited development – advertising sign on crane – multiple offences – single course of conduct – totality principle – aggregate sentence not excessive – individual sentences varied Legislation Cited: Crimes (Appeal and Review) Act 2001 ss 3, 31, 37, 39, 49 Crimes (Sentencing Procedure) Act 1999 s 21A Environmental Planning and Assessment Act 1979 ss 4.3, 9.52, 9.53, 9.57, 9.58 Environmental Planning and Assessment Regulation 2000 cl 284, Sch 5 State Environmental Planning Policy No 64 – Advertising and Signage cll 10, 27A Woollahra Local Environmental Plan 2014 Cases Cited: Attorney General v Tichy (1982) 30 SASR 84 Bentley v BGP Properties Pty Ltd (2006) 145 LGERA 234; [2006] NSWLEC 34 Cameron v Eurobodalla Shire Council (2006) 146 LGERA 349; [2006] NSWLEC 47 Cmunt v The Commissioner of Police NSW [2019] NSWLEC 33 Director General, Department of Environment and Climate Change v Rae (2009) 168 LGERA 121; [2009] NSWLEC 137 Environmental Protection Authority v Barnes [2006] NSWCCA 246 Environmental Protection Authority v Waste Recycling and Processing Corp (2006) 148 LGERA 299; [2006] NSWLEC 419 Harris v Harrison (2014) 86 NSWLR 422; [2014] NSWCCA 314 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Mill v The Queen (1988) 166 CLR 59 Pesic v Sutherland Shire Council [2019] NSWLEC 38 R v Campbell [2014] NSWCCA 102 R v Holder (1983) 3 NSWLR 245 Sutherland Shire Council v Upper Class Developments Pty Ltd [2003] NSWLEC 414 Terrey v Department of Environment, Climate Change and Water [2011] NSWLEC 141 Category: Principal judgment Parties: Bay State Construction Pty Ltd (Appellant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr Daniel Reynolds (Appellant) Mr Jonathon Ede (solicitor) (Respondent)