City of Sydney Council v Politic Pty Limited [2001] NSWLEC 218

Land and Environment Court of New South Wales

CITATION : City of Sydney Council v Politic Pty Limited [2001] NSWLEC 218 revised - 19/09/2001 PROSECUTOR City of Sydney Council PARTIES : DEFENDANT Politic Pty Limited FILE NUMBER(S) : 50083; 50083A of 2000 CORAM: Talbot J KEY ISSUES: Prosecution :- plea of guilty - totality principle applied - mitigating circumstances LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 76A, s 76A(1)(b), s 81A, s 96 CASES CITED: DATES OF HEARING: 03/09/2001, 04/09/2001 DATE OF JUDGMENT: 09/20/2001

PROSECUTOR Mr P.J. McEwen SC SOLICITORS Blake Dawson Waldron LEGAL REPRESENTATIVES: DEFENDANT Mr B.J. Preston SC SOLICITORS Mallesons Stephen Jaques

JUDGMENT:

IN THE LAND AND Matter No. 50083 and 50083A of 2000 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 20 September 2001

City of Sydney Council Applicant v Politic Pty Limited Respondent

REASONS FOR JUDGMENT

1. By an amended summons issued in class 5 of the Court's jurisdiction, the prosecutor claims two orders requiring the defendant, Politic Pty Ltd ("Politic"), to answer the following charges:- 1. That during the period from 10 April 2000 to 24 October 2000 it did carry out development being the erection of a building without development consent on land known as 365 George Street, Sydney contrary to s 76A of the Environmental Planning and Assessment Act 1979 ("the EP&A Act"); and 2. That during the period from 18 June 2000 to 24 October 2000 it did commence and carry out the erection of a building on land known as 365 George Street, Sydney without obtaining a construction certificate contrary to s 81A of the EP&A Act.