Lenjade Pty Ltd v Randwick City Council [2017] NSWLEC 96

Land and Environment Court New South Wales

Medium Neutral Citation: Lenjade Pty Ltd v Randwick City Council [2017] NSWLEC 96 Hearing dates: 2 and 8 June 2017 Date of orders: 03 August 2017 Decision date: 03 August 2017 Jurisdiction: Class 6 Before: Moore J Decision: At [110] Catchwords: DEVELOPMENT - installation of dog washing/grooming facility in carwash/café premises - installation required development consent - development undertaken without consent PROSECUTION - owner of premises prosecuted in Local Court for undertaking development without consent - owner of premises convicted and fined APPEAL - appeal by owner of premises against conviction and sentence - statutory provision relied on for conviction in Local Court not in effect at the relevant date - appeal a rehearing on the basis of the evidence in the Local Court - no further evidence on appeal - alternative basis for conviction pressed by Prosecutor on appeal - whether evidence supports conviction on basis put by Prosecutor on appeal - evidence does not support conviction on new basis - appeal upheld and orders of Local Court set aside and defendant acquitted Legislation Cited: Crimes Act 1900, ss 351 and 351B Crimes (Appeal and Review) Act 2001, ss 31, 37 and 38 Environmental Planning and Assessment Act 1979, ss 76A(1)(a), 125(1) and (3A) Environmental Planning and Assessment Amendment Act 2014, Sch 1[7] Justices Legislation Repeal and Amendment Act 2001 National Parks and Wildlife Act 1974 Cases Cited: Giorgianni v R (1985) 156 CLR 473; [1985] HCA 29 National Australia Bank Ltd v Sayed [2011] NSWSC 1414 North Sydney Council v Moline; North Sydney Council v Tomkinson (No 2) [2008] NSWLEC 169 Category: Principal judgment Parties: Lenjade Pty Ltd (Appellant) Randwick City Council (Prosecutor) Representation: Counsel: Mr M Einfeld QC/Mr M Sahade, barrister (Appellant) Mr R O'Gorman-Hughes, barrister (Prosecutor)