Jason Pett v The Council of Camden [2008] NSWLEC 289

Land and Environment Court of New South Wales

CITATION : Jason Pett v The Council of Camden [2008] NSWLEC 289

APPLICANT Jason Pett PARTIES : RESPONDENT The Council of Camden

FILE NUMBER(S) : 60011 of 2008

CORAM: Sheahan J

KEY ISSUES: Appeal :- severity appeal against Local Court decision

Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003 Land and Environment Court Act 1979

Carlino v Leichhardt Municipal Council (2005) 144 LGERA 235 Power v Penthill House Pty Ltd and others (1993) 80 LGERA 247 CASES CITED: R v Doan (2000) 50 NSWLR 115 R v O'Neill [1979] 2 NSWLR 582 Tauszik v Gosford City Council (2006) 146 LGERA 428

DATES OF HEARING: 9 October 2008

EX TEMPORE JUDGMENT DATE : 9 October 2008

APPLICANT In Person LEGAL REPRESENTATIVES: RESPONDENT Mr J Thompson, Solicitor of Ritchie & Castellan

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Justice Sheahan

9 October 2008

60011 of 2008 Jason Pett v The Council of Camden

EXTEMPORE JUDGMENT 1 His Honour: The appellant in this matter pleaded guilty in the Local Court to three separate charges that he committed an offence against s.125(1) of the Environmental Planning and Assessment Act 1979 ("EP&A Act") in that, between 10 April 2006 and 19 April 2006, he carried out development by causing 18, 35 and 119 trees respectively to be cut down on four separate properties at Catherine Field or Leppington, without obtaining, and having in force, a development consent, as required by Camden LEP No.48.