DON SMITH v. AFIF ABDALLAH [1994] NSWLEC 198 (9 December 1994) [1994] NSWLEC 1

Land and Environment Court of New South Wales

CITATION : DON SMITH v. AFIF ABDALLAH [1994] NSWLEC 198 (9 December 1994) [1994] NSWLEC 1 PARTIES : DON SMITH v. AFIF ABDALLAH [1994] NSWLEC 198 (9 December 1994) FILE NUMBER(S) : 50026 of 1994 CORAM: Talbot J KEY ISSUES: :- Penalty Costs LEGISLATION CITED: Local Government Act s 68, s 669 Environmental Planning and Assessment Act CASES CITED: Latoudis v Casey (1990) 170 CLR 534 Mason CJ at 544 and Toohey J at 565; Anthony Patrick Morrison v Caltex Refining Co Pty Limited on 9 September 1994 at p 5 DATES OF HEARING: 5 - 6 December 1994 DATE OF JUDGMENT: 12/09/1994

Mr G Miller QC with Mrs J Kelly LEGAL REPRESENTATIVES: Mr C Stevens QC With Mr G Turner

JUDGMENT: The defendant has pleaded guilty to the charge that he between 27 July 1993 and 22 January 1994 at Homebush in the State of New South Wales did contrary to s 68 of the Local Government Act 1993 erect a building without having obtained approval of Strathfield Council. The prosecutor is the strategic planner of the council.

Section 68(1) of the Local Government Act 1993 provides that a person may carry out an activity specified in the table only with the prior approval of the council, except in so far as the Act, the Regulations or a local policy adopted by council pursuant to the Act allows the activity to be carried out without that approval.

The penalty for erecting a building without having obtained a prior approval of the council is $20,000 in the case of an individual.

It is admitted that the defendant is a person to which s 669 applies. This section states:-