Sharma v Liverpool City Council [2022] NSWLEC 10

Land and Environment Court New South Wales

Medium Neutral Citation: Sharma v Liverpool City Council [2022] NSWLEC 10 Hearing dates: 15 February 2022 Date of orders: 16 February 2022 Decision date: 16 February 2022 Jurisdiction: Class 6 Before: Robson J Decision: See orders at [53] Catchwords: CRIME — Appeal and review — Appeal from Local Court to Land and Environment Court — By person against conviction — Fail to comply with development control order — Use and internal fit-out of garage for habitable purposes contrary to approval — Construction of carport without consent — Procedural fairness — Appeal conceded by prosecutor — Appeal upheld — Conviction and orders of Local Court set aside Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 31, 37 Environmental Planning and Assessment Act 1979 (NSW), Div 9.3, ss 9.34, 9.37 Fines Act 1996 (NSW), s 24H Cases Cited: Cameron v Eurobodalla Shire Council (2006) 146 LGERA 349; [2006] NSWLEC 47 Edwards v Allmen Engineering Pty Ltd [1995] NSWCA 138 Heatscape Pty Ltd v Mahoney [2015] NSWLEC 126 Category: Principal judgment Parties: Sudesh Prasad Sharma (Appellant) Liverpool City Council (Respondent) Representation: Counsel: S P Sharma, self-represented (Appellant) N Hammond (Respondent)

Solicitors: Self-represented (Appellant) Liverpool City Council (Respondent) File Number(s): 2021/00110700 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Criminal Date of Decision: 24 March 2021 Before: Magistrate Spence File Number(s): 2020/00176167