73 Union Street Retail Pty Ltd v Council of the City of Sydney [2016] NSWLEC 145

Land and Environment Court New South Wales

Medium Neutral Citation: 73 Union Street Retail Pty Ltd v Council of the City of Sydney [2016] NSWLEC 145 Hearing dates: 27 October 2016 Date of orders: 27 October 2016 Decision date: 27 October 2016 Jurisdiction: Class 6 Before: Moore J Decision: At [56] and [57] Catchwords: APPEAL – convictions in Local Court on two charges of failure to comply with conditions of development consent – appeals against severityof penalties imposed – appeals upheld – resentencing undertaken Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 10(1)(a), 21A, 22 Environmental Planning and Assessment Act 1979 Protection of the Environment Operations Act 1997 Cases Cited: 1643 Pittwater Road v Pittwater Council [2004] NSWLEC 685 Advanced Arbor Service Pty Ltd v Strathfield Municipal Council [2006] NSWLEC 485 Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v Thomson; R v Houlton 49 NSWLR 383; [2000] NSWCCA 309 Category: Principal judgment Parties: 73 Union Street Retail Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Mr Soltan, director (Applicant) Mr A Singh, solicitor (Respondent)

Solicitors: Council for the City of Sydney (Respondent) File Number(s): 174842 of 2016 and 174883 of 2016 Publication restriction: No