Cowra Shire Council v Fuller [2015] NSWLEC 13

Land and Environment Court New South Wales

Medium Neutral Citation: Cowra Shire Council v Fuller [2015] NSWLEC 13 Hearing dates: 4 February 2015 Decision date: 09 February 2015 Jurisdiction: Class 5 Before: Pain J Decision: The Court makes the following orders: 1. In matter no 50209 of 2014 the Defendant is convicted of the offence as charged. 2. In matter no 50209 of 2014 the Defendant is fined $175,000 to be paid to the Registrar of the Court within 28 days of today's date. 3. The Defendant must pay the Prosecutor's costs as agreed or assessed. Catchwords: PROSECUTION – sentence for plea of guilty to offence of carrying out unlawful development – demolition of building with potential for local heritage significance – deliberate and planned demolition – frustration of defendant's development intentions on his property did not reduce objective seriousness of his actions – early plea of guilty a mitigating factor Legislation Cited: Cowra Local Environmental Plan 1990 Crimes (Sentencing Procedure) Act 1999 s 3A, s 21A, Environmental Planning and Assessment Act 1979 s 76A(1), s 125(1) Cases Cited: Axer Pty Ltd v Environmental Planning Authority (1993) 113 LGERA 357 Bentley v BGP Properties Pty Ltd (2006) 145 LGERA 234 Burwood Council v Douehi [2013] NSWLEC 196 (2013) 200 LGERA 152 Blue Mountains City Council v Carlon [2008] NSWLEC 296 Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Department of Environment and Climate Change v Rae [2009] NSWLEC 137 Department of Environment and Climate Change v Rae [2009] NSWLEC 137 Environmental Planning Authority v Port Kembla Copper Pty Ltd [2001] NSWLEC 223 Gittany Constructions Pty Ltd v Sutherland Shire Council (2006) 145 LGERA 189 Hawkesbury City Council v Johnson (No 2) [2009] NSWLEC 6 Ku-ring-gai Municipal Council v Kizana [2002] NSWLEC 187 Markarian v R [2005] HCA 25; (2005) 215 ALR 213 Mosman Municipal Council v Menai Excavations Pty Ltd (2002) 122 LGERA 89 R v Elfar [2003] NSWCCA 358R v O'Neill [1979] 2 NSWLR 582 R v Thompson & Houlton (2000) 115 A Crim R 104 Category: Principal judgment Parties: Cowra Shire Council (Prosecutor) Gregory Francis Fuller (Defendant) Representation: Counsel: Mr I Hemmings SC with Mr R O'Gorman-Hughes (Prosecutor) Mr P McEwen SC with Ms C Lin (Defendant)