Pittwater Council v Gerard [2013] NSWLEC 112

Land and Environment Court New South Wales

Medium Neutral Citation: Pittwater Council v Gerard [2013] NSWLEC 112 Hearing dates: 18 July 2013 Decision date: 18 July 2013 Jurisdiction: Class 6 Before: Biscoe J Decision: Appeal dismissed. Catchwords: APPEAL - appeal available only on a ground that involves a question of law alone - construction of that appeal limitation - appeal by Council prosecutor from Local Court's dismissal of summary charge that defendant carried out development other than in accordance with development consent because of alleged non-compliance with sediment control condition - construction of that condition - whether error on a question of law alone or in Local Court's decision that Council had not discharged its onus of proving that the condition was not complied with. Legislation Cited: Crimes (Appeal and Review) Act 2001 s 42 Environmental Planning and Assessment Act 1979 ss 76A, 125(1) Land and Environment Court Act 1979 s 21A Cases Cited: Environment Protection Authority v Ravensworth Operations Pty Ltd [2013] NSWLEC 92 Krishna v Director of Public Prosecutions (NSW) [2007] NSWCCA 318, (2007) 178 A Crim R 220 Ku-ring-gai Council v Steve Nolan Constructions Pty Ltd [2012] NSWLEC 258 Sydney Water Corporation v Caruso [2009] NSWCA 391, (2009) 170 LGERA 298 Category: Principal judgment Parties: Pittwater Council (Applicant) David Gerard (Respondent) Representation: COUNSEL: G Jackson, solicitor (Applicant) D Gerard, in person (Respondent) SOLICITORS: Grahame Jackson & Associates (Applicant) N/A (Respondent) File Number(s): 60230/13