Ryde City Council v Chin (No 2) [2003] NSWLEC 162

> Land and Environment Court of New South Wales

CITATION : Ryde City Council v Chin (No 2) [2003] NSWLEC 162 PROSECUTOR Ryde City Council PARTIES : DEFENDANT Larry Chung Ka Chin FILE NUMBER(S) : 50050 of 2002 CORAM: Pain J KEY ISSUES: Prosecution :- alleged unlawful use of building for purpose of residential flat building - offence proved LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121B Ryde Planning Scheme Ordinance CASES CITED: DATES OF HEARING: 01, 02/10/2002 DATE OF JUDGMENT: 10/03/2002

PROSECUTOR Mr CJ Leggat (barrister) SOLICITORS LEGAL REPRESENTATIVES: Pike Pike & Fenwick

DEFENDANT in person

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 50050 of 2002

Pain J

3 October 2002 RYDE CITY COUNCIL Prosecutor v LARRY CHUNG KA CHIN Defendant Judgment

1. The Prosecutor has charged: the Defendant Larry Chung Ka Chin of 1A Kent Road, North Ryde in the State of New South Wales appear before a Judge of the Court to answer the offence against S 125(1) of the Environmental Planning and Assessment Act 1979 that on or about 21 November 2001 at North Ryde in the State of New South Wales the Defendant did carry out development for a purpose prohibited by an environmental planning instrument, namely use of the premises known as 1A and 1B Kent Road, North Ryde, which premises are zoned Residential 2A under the Ryde Planning Scheme Ordinance, for the purpose of a residential flat building, being a purpose prohibited under Clause 23 of the said Ordinance, contrary to S 76(B) of the said Act.