Gosford City Council v Colmer, K J [2002] NSWLEC 257

Land and Environment Court of New South Wales

CITATION : Gosford City Council v Colmer, K J [2002] NSWLEC 257 PROSECUTOR: Gosford City Council PARTIES : DEFENDANT: Colmer, K J FILE NUMBER(S) : 50094 of 2002 CORAM: Bignold J KEY ISSUES: Prosecution :- Guilty plea – Carrying out prohibited development – Demolishing heritage listed building LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 125 Crime Sentencing Procedure Act 1999, s 10 CASES CITED: DATES OF HEARING: 20/12/2002 EX TEMPORE JUDGMENT DATE : 12/20/2002

PROSECUTOR: A Galasso, Barrister SOLICITORS P J Donnellan and Co. LEGAL REPRESENTATIVES: DEFENDANT: R Stephen, Solicitor SOLICITORS Robert Stephen and Co.

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

20 December 2002

50094 of 2002 GOSFORD CITY COUNCIL v KENNETH J COLMER

JUDGMENT

HIS HONOUR 1. The Defendant has pleaded guilty to a charge of an offence against the Environmental Planning and Assessment Act 1979 in that in or about early April 2002 at Marlow in the State of New South Wales he did carry out development on land subject to a provision of the environmental planning instrument which provided that such development was prohibited.

2. According to the Summons the relevant land was Lot 36 Deposited Plan 755221 at Greenmans Road, Marlow in the City of Gosford, a property that the Defendant owned for some considerable period of time until very recently.