Holroyd City Council v Shi [2007] NSWLEC 797

Land and Environment Court of New South Wales

CITATION : Holroyd City Council v Shi [2007] NSWLEC 797

PROSECUTOR PARTIES : Holroyd City Council DEFENDANT Jiang Yue SHI

FILE NUMBER(S) : 50041 of 2007

CORAM: Sheahan J

KEY ISSUES: Prosecution :- carrying out development without consent

LEGISLATION CITED: Environmental Planning & Assessment Act 1979 Crimes (Sentencing Procedure) Act 1999

Keir & Anor v Sutherland Shire Council [2004] NSWLEC 754; Gittany Constructions Pty Ltd v Sutherland Shire Council (2006) 145 LGERA 189; CASES CITED: Bentley v BGP Properties Pty Ltd (2006) 145 LGERA 234; Holroyd City Council v Ghannoum [2007] NSWLEC 351; Veen v The Queen (No.2) (1988) 164 CLR 465

DATES OF HEARING: 3 December 2007

EX TEMPORE JUDGMENT DATE : 3 December 2007

PROSECUTOR Mr T Howard SOLICITORS LEGAL REPRESENTATIVES: McKees Legal Solutions DEFENDANT Mr J Costigan SOLICITORS LAS Lawyers & Consultants

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Sheahan J

3 December 2007

50041 of 2007

Holroyd City Council v Shi

EXTEMPORE JUDGMENT

1. His Honour: The Defendant in these proceedings, Mr "Kevin" Shi, was charged with an offence against s.125(1) of the Environmental Planning and Assessment Act 1979, namely carrying out development without obtaining from the prosecutor Council the requisite consent required by s.76A(1) of that Act. He pleaded guilty at the first opportunity to do so, and has already agreed with Council as to the amount and timing of the payment of its costs. 2. The development works concerned a dilapidated factory located at 10 Guernsey Street or Road, Guildford. The agreed facts (Exhibit P2) and an affidavit from the Defendant sworn on 21 November 2007 indicate that Mr Shi and his brother acquired the property on 30 May 2006, and set out to renovate it for use as a commercial brothel. A Development Application seeking approval for the necessary alterations and for the change of use was lodged with Council on 22 June 2006.