Canterbury City Council v Saad [2000] NSWLEC 278

Reported Decision : 112 LGERA 107

Land and Environment Court of New South Wales

CITATION : Canterbury City Council v Saad [2000] NSWLEC 278 PROSECUTOR: Canterbury City Council PARTIES : DEFENDANT: Saad FILE NUMBER(S) : 50022 of 2000 CORAM: Bignold J KEY ISSUES: Environmental Offences :- carrying out development in contravention of condition of development consent—essential elements of the offence. LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 125, s 76A(1) CASES CITED: Environment Protection Authority v Bathurst City Council (1995) 89 LGERA 79; Rao v Canterbury City Council (2000) NSWCCA 471 DATES OF HEARING: 6/10/00, 23/10/00 DATE OF JUDGMENT: 12/22/2000

PROSECUTOR: Mr A Hawkes, Solicitor SOLICITORS Pike Pike and Fenwick LEGAL REPRESENTATIVES: DEFENDANT: Mr T Howard, Barrister SOLICITORS Legs Lawyers

JUDGMENT: IN THE LAND AND Matter No . 50022 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 22 December 2000

CANTERBURY CITY COUNCIL

Prosecutor

v

SAYED SAAD

Defendant

JUDGMENT

Bignold J:

A. INTRODUCTION

1. The Defendant has pleaded not guilty to a charge of an offence against s 125 of the Environmental Planning and Assessment Act 1979 (the EP&A Act) in that "on or about 23 December 1999 (he) did implement development consent No 589/98 for the demolition of two dwellings and construction of 7x 3 bedroom townhouses at 2-4 Broadway, Punchbowl contrary to condition 40 of the said consent".