Sun v Randwick City Council [2017] NSWLEC 188

Land and Environment Court New South Wales

Medium Neutral Citation: Sun v Randwick City Council [2017] NSWLEC 188 Hearing dates: 6 December 2017 Date of orders: 22 December 2017 Decision date: 22 December 2017 Jurisdiction: Class 6 Before: Molesworth AJ Decision: See orders at [100]. Catchwords: APPEAL – appeal against conviction of offence of carrying out development in contravention of section 76A(1)(a) of the Environmental Planning and Assessment Act 1979 – use of land for the purpose of boarding house permissible with consent only –whether land used for the purpose of boarding house without consent Legislation Cited: Boarding Houses Act 2012 Crimes (Appeal and Review) Act 2001, ss 31, 33, 34, 37, 39, 49, 62, 72 Environmental Planning and Assessment Act 1979, ss 76A, 125 Land and Environment Court Act 1979, ss 68, 77A Land and Environment Court Rules 2007, r 2.5 Randwick Local Environmental Plan 2012, cll 1.4, 2.1, 2.2, 2.3; Pts 1-3 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Ashfield Municipal Council v Australian College of Physical Education Ltd (1992) 76 LGRA 151 Denning v Department of Environment and Conservation (2007) 153 LGERA 200; [2007] NSWLEC 258 Gittany Constructions Pty Ltd v Sutherland Shire Council (2006) 145 LGERA 189; [2006] NSWLEC 242 Hussain v Liverpool City Council [2014] NSWLEC 45 Moseley v Queanbeyan-Palerang Regional Council (No 2) [2017] NSWLEC 52 Soukkar v Blacktown City Council [2017] NSWLEC 161 Category: Principal judgment Parties: Mr Xiaohui Sun (Appellant) Randwick City Council (Respondent) Representation: Counsel: Self-represented (Appellant) Ms J Reid (Respondent)