Warringah Council v McNamee [2003] NSWLEC 28

> Land and Environment Court of New South Wales

CITATION : Warringah Council v McNamee [2003] NSWLEC 28 PROSECUTOR: Warringah Council PARTIES : DEFENDANT: McNamee FILE NUMBER(S) : 50020 of 2002 CORAM: Bignold J KEY ISSUES: Environmental Offences :- Plea of Guilty-mitigating factors-Defendant's means to pay fine LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 125 Fines Act 1996, s 6 CASES CITED: DATES OF HEARING: 11/11/02 EX TEMPORE JUDGMENT DATE : 11/11/2002

PROSECUTOR Mr A Hudson, Solicitor SOLICITORS Wilshire Webb

LEGAL REPRESENTATIVES: DEFENDANT: Mr I Hemmings, Barrister SOLICITORS Taylor Kelso

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . . 50020 of 2002 Coram : Bignold J 11 November 2002

WARRINGAH COUNCIL

Prosecutor

v

ALAN MCNAMEE

Defendant

JUDGMENT

1. The Defendant has pleaded guilty to a charge of an offence against the Environmental Planning and Assessment Act 1979, s 125 in that on or about 9 March 2001 on land situate at Terrey Hills being an area to which the Warringah Local Environmental Plan applies, in breach of s 76A(1) and (3) of that Act, he carried out local development without the development consent required under the Act and the aforesaid Local Environmental Plan.

2. In the particulars annexed to the summons charging the offence the nature of the unlawfully carried out development is described as: Land filling by depositing and spreading grey sandy soil and earth over an area of land measuring approximately twenty metres x forty metres to raise the ground levels of the area by a height of ranging between 1.2 and 4.5 metres.