Camilleri v Wollondilly Shire Council [2009] NSWLEC 136

Land and Environment Court of New South Wales

CITATION : Camilleri v Wollondilly Shire Council [2009] NSWLEC 136

60003 of 2009 APPLICANT Sharon Camilleri RESPONDENT: Wollondilly Shire Council PARTIES : 60004 of 2009 APPLICANT: Anthony Camilleri RESPONDENT: Wollondilly Shire Council

FILE NUMBER(S) : 60003 of 2009; 60004 of 2009

CORAM: Biscoe J

KEY ISSUES: PROSECUTION :- appeals from Local Court against conviction and against sentence.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979, ss 76A, 121B, 121H

DATES OF HEARING: 3 August 2009

EX TEMPORE JUDGMENT DATE : 3 August 2009

APPLICANTS: Mr A. Camilleri, in person SOLICITORS n/a LEGAL REPRESENTATIVES:

RESPONDENT: Ms J. Duve SOLICITORS Caldwell Martin Cox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

3 AUGUST 2009

60003 of 2009 SHARON CAMILLERI v WOLLONDILLY SHIRE COUNCIL

60004 of 2009 ANTHONY CAMILLERI v WOLLONDILLY SHIRE COUNCIL

EX TEMPORE JUDGMENT 1 HIS HONOUR: These are two related appeals from the Local Court. The appellants Mrs Sharon Camilleri and Mr Anthony Camilleri were convicted and sentenced by the Local Court on a prosecution brought by the respondent, Wollondilly Shire Council, for carrying on development by operating a dog boarding establishment without development consent in April 2008 contrary to s 76A of the Environmental Planning and Assessment Act 1979 (EPA Act). Both pleaded guilty. Mrs Camilleri was fined $2,000 and ordered to pay legal costs of $2,500 and court costs of $73. Mr Camilleri was fined $2,000 and ordered to pay legal costs of $1,000 and court costs of $73. 2 Mrs Camilleri appeals against sentence. Mr Camilleri appeals against conviction; in case his appeal against conviction is unsuccessful he seeks leave to amend to alternatively appeal against sentence.