Council of the City of Sydney v Adams [2015] NSWLEC 206

Land and Environment Court New South Wales

Medium Neutral Citation: Council of the City of Sydney v Adams [2015] NSWLEC 206 Hearing dates: 15 December 2015 Date of orders: 15 December 2015 Decision date: 15 December 2015 Jurisdiction: Class 5 Before: Preston CJ Decision: Orders as set out at [85] Catchwords: OFFENCES AND PENALTIES – sentence – carrying out development without consent – demolition and alteration of interiors of heritage listed terrace house without prior development consent – objective seriousness of offence – interiors of house of exceptional heritage significance – removal caused actual environmental harm of medium seriousness – undermined regulatory system of development control – offence committed recklessly – offence not committed for financial gain – foreseeability of risk of environmental harm – practical measures to avoid environmental harm – control over causes giving rise to the offence – medium overall objective seriousness – subjective circumstances of offender – no prior convictions – early plea of guilty – offender's prior good character – offender's remorse for the offence – offender unlikely to reoffend – appropriate penalty is fine – offender ordered to pay the prosecutor's costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 3A, 10(1), 19(2), 21A, 22(1), 23 Environmental Planning and Assessment Act 1979, ss 76A, 125(1), 125A, 125B, 125C Environmental Planning and Assessment Amendment Act 2014 Heritage Act 1977, s 60 Cases Cited: Carlino v Leichhardt Municipal Council [2005] NSWLEC 198; (2005) 144 LGERA 235 City of Sydney Council v Schwartz [2003] NSWLEC 261 Council of the City of Sydney v Trico Constructions Pty Ltd [2015] NSWLEC 56 Cowra Shire Council v Fuller [2015] NSWLEC 13 Leichhardt Council v Geitonia Pty Ltd (No 7) [2015] NSWLEC 79 Liverpool City Council v Leppington Pastoral Co Pty Ltd [2010] NSWLEC 170 Mosman Municipal Council v Menai Excavations Pty Ltd [2002] NSWLEC 132; (2002) 122 LGERA 89 R v De Simoni [1981] HCA 31; (1981) 147 CLR 383 Category: Sentence Parties: Council of the City of Sydney (Prosecutor) Mr Lloyd Adams (Defendant) Representation: Counsel: Mr J Johnson (Barrister) (Prosecutor) Ms J McKelvey (Barrister) (Defendant)