NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ashfield Council V Fuda [1998] NSWLEC 80 PROSECUTOR John Ross on behalf of Ashfield Council PARTIES : DEFENDENT Dominic Fuda FILE NUMBER(S) : 50022; 50033; 50042 of 1998 CORAM: Pearlman J KEY ISSUES: :- Environmental Planning and Assessment Act 1979, s 76(2), s 125 LEGISLATION CITED: Local Government Act 1993, s 68, s 626(2) Crimes Act 1900 Land and Environment Court Act 1979 CASES CITED: DATES OF HEARING: 29/06/98 EX TEMPORE JUDGMENT DATE : 06/29/1998
PROSECUTOR Ms C Schofield Pike Pike & Fenwick
LEGAL REPRESENTATIVES: DEFENDANT Mr J Thompson Lapaine Pomarè & Forster
JUDGMENT:
1. In this matter Mr Dominic Fuda is charged with three offences. They each relate to a property at 42 Barton Avenue, Haberfield ("the dwelling") which is within a heritage conservation area.
2. In relation to each of the three matters, Mr Fuda entered a plea of guilty. Consequently the only matter with which I am concerned today is the question of penalty and costs. I need, however, to outline the basis of the charges and some history of the matter.
3. The first charge (No 50022/98) alleges an offence pursuant to s 125 of the Environmental Planning and Assessment Act 1979 ("the EP & A Act") in that between 6 August 1997 and 29 August 1997 the defendant altered the dwelling by widespread removal of external brickwork without the consent of Ashfield Council ("the council").
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