Whitlock v Maitland City Council [2007] NSWLEC 625

Land and Environment Court of New South Wales

CITATION : Whitlock v Maitland City Council [2007] NSWLEC 625

APPLICANT Ronald Whitlock PARTIES : RESPONDENT Maitland City Council

FILE NUMBER(S) : 60003 of 2007

CORAM: Jagot J

KEY ISSUES: Prosecution :- appeal against conviction - sales of seafood from mobile food van - existing use rights - shops - convenience stores - leave to rely on fresh evidence - appeal dismissed

Crimes (Appeal and Review) Act 2001 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Fines Act 1996 Food Act 2003

CASES CITED: Lin v Fairfield City Council [2007] NSWLEC 568; Penrith Waste Services Pty Ltd v Penrith City Council (1998) 101 LGERA 98

DATES OF HEARING: 11-13/9/2007

EX TEMPORE JUDGMENT DATE : 13 September 2007

APPLICANT Mr R Whitlock (in person) SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT Mr G Williams SOLICITORS Thompson Norrie

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Jagot J

13 September 2007

60003 of 2007

RONALD WHITLOCK Applicant

MAITLAND CITY COUNCIL Respondent

JUDGMENT Jagot J: A. Introduction 1 These are my reasons for decision in this appeal. The appellant, Ronald Whitlock, has appealed against his conviction in the Local Court of Maitland on 1 March 2007 for the offence of carrying out development without development consent where such consent was required on land being lots 100 and 101 DP849365, known as 101-103 New England Highway, Lochinvar on 4 July 2004. This offence was found to have been committed by the appellant by reason of the activity he carried out of selling seafood products from a mobile van located on part of this land.