Willoughby City Council v BCPD Pty Limited [2010] NSWLEC 163

Land and Environment Court of New South Wales

CITATION : Willoughby City Council v BCPD Pty Limited [2010] NSWLEC 163

PROSECUTOR: Willoughby City Council PARTIES : DEFENDANT: BCPD Pty Limited

FILE NUMBER(S) : 50018 of 2010

CORAM: Biscoe J

KEY ISSUES: ENVIRONMENTAL OFFENCES :- sentencing of builder for demolition without development consent.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, ss 3A, 22, 23 Environmental Planning and Assessment Act 1979, ss 76A(1)(a) , 125(1)

Keir v Sutherland Shire Council [2004] NSWLEC 754 CASES CITED: Mosman Municipal Council v Menai Excavations Pty Ltd [2002] NSWLEC 132, 122 LGERA 89 Mosman Municipal Council v Waratah Village Partners Pty Ltd [2003] NSWLEC 101

DATES OF HEARING: 30 August 2010

DATE OF JUDGMENT: 31 August 2010

PROSECUTOR: Mr T Howard, barrister SOLICITORS Mallesons LEGAL REPRESENTATIVES: DEFENDANT: Mr D Wilson, barrister SOLICITORS Andrew A Torok

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

31 August 2010

50018 of 2010

WILLOUGHBY CITY COUNCIL v BCPD PTY LIMITED

JUDGMENT INTRODUCTION 1 HIS HONOUR: The defendant BCPD Pty Limited has pleaded guilty to the charge that between about 23 February 2009 and about 4 March 2009, at Willoughby, it committed an offence against s 125(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) in that it did the following thing which was forbidden to be done by s 76A(1)(a) of the Act: "carried out development on land, being development which required development consent under the provisions of an environmental planning instrument which applied to the land, where a development consent had not been obtained and was not in force with respect to the development"