Holroyd City Council v Ghannoum [2007] NSWLEC 351

Land and Environment Court of New South Wales

CITATION : Holroyd City Council v Ghannoum [2007] NSWLEC 351

PROSECUTOR Holroyd City Council PARTIES : DEFENDANT George Ghannoum

FILE NUMBER(S) : 50039 of 2006

CORAM: Preston CJ

KEY ISSUES: Prosecution :- carrying out development without first obtaining development consent - plea of guilty - hearing on sentence - low environmental harm - premeditation and knowledge of wrongfulness - contrition and remorse - assistance to authorities - no prior criminal record - prior good character - unlikely to reoffend - financial means of defendant

LEGISLATION CITED: Environment Planning and Assessment Act 1979 (NSW) s125(1), s76A(1)

DATES OF HEARING: 28 May 2007

EX TEMPORE JUDGMENT DATE : 28 May 2007

PROSECUTOR Mr T Howard (Barrister) SOLICITORS McKees Solicitors LEGAL REPRESENTATIVES: DEFENDANT Mr I Lloyd QC SOLICITORS Hannaford Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

PRESTON CJ

28 MAY 2007

50039 OF 2006

HOLROYD CITY COUNCIL V GEORGE GHANNOUM

JUDGMENT

1 HIS HONOUR: Mr George Ghannoum has pleaded guilty to committing an offence against s 125(1) of the Environmental Planning and Assessment Act 1979 in that he carried out development without first obtaining a development consent as required by s 76A(1) of that Act. A hearing on sentence has been held today. The parties have agreed to a statement of agreed facts which has been tendered. 2 Mr Ghannoum has given oral evidence covering, among other matters his involvement in the subject offence, his personal circumstances, his financial situation, the costs associated with filling in the excavated area the subject of the proceedings, and moneys foregone by the delay in erecting the approved dwelling on the land. Supporting documents have also been tendered. 3 The Court will now determine the appropriate sentence.