Burwood Council v Pan Pac Investments Pty Ltd [2018] NSWLEC 110

Land and Environment Court New South Wales

Medium Neutral Citation: Burwood Council v Pan Pac Investments Pty Ltd [2018] NSWLEC 110 Hearing dates: 5-6 April 2018, 4 May 2018, 25 May 2018, 15 June 2018 (written submissions), 25 June 2018 (written submissions), 27 July 2018 (written submissions Decision date: 31 July 2018 Jurisdiction: Class 5 Before: Pain J Decision: See [129] of judgment Catchwords: ENVIRONMENT AND PLANNING – Offences – pleas of not guilty to two charges under s 125(1) of the Environmental Planning and Assessment Act 1979 of failing to comply with s 121B order to stop use of premises as boarding house and to demolish internal wall – offences proved beyond reasonable doubt

ENVIRONMENT AND PLANNING – Offence – plea of not guilty to charge under ss 119M and 125(1) of the Environmental Planning and Assessment Act 1979 of failing to comply with s 119J notice to provide information – offence proved beyond reasonable doubt Legislation Cited: Burwood Local Environmental Plan 2012 Land Use Table, cl 3.1, Schs 2, 3, Dictionary, Boarding Houses Act 2012 ss 5, 37 Environmental Planning and Assessment Act 1979 ss 4, 26, 30, 33A, 33C, 36, 72J, 76, 76A, 76B, 78, 78A, 79C, 80, 96, 104A, 106, 107, 108, 109, 109B, 119J, 119M, 121B, 121D, 121H, 125, 127, 149, Sch 5 Local Government Act 1993 ss 8, 8A, 8C, 22, 76, 77, 79, 84, 85 Privacy Act 1988 (Cth) Privacy and Personal Information Protection Act 1998 ss 8, 10, 11, 12 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 cl 2.51 Cases Cited: Ashfield Municipal Council v Australian College of Physical Education Ltd (1992) 76 LGRA 151 Australian Posters Pty Ltd v Leichardt Council (2000) 109 LGERA 343; [2000] NSWLEC 195 Council of the City of Sydney v Blue Chips Franchise Pty Ltd [2017] NSWLEC 24 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 R v Olbrich (2000) 117 A Crim R 326; [2000] NSWCCA 389 Sun v Randwick City Council [2017] NSWLEC 188 Category: Principal judgment Parties: Burwood Council (Prosecutor) Pan Pac Investments Pty Ltd (Defendant) Representation: COUNSEL: P English (Prosecutor) J Wu Director (Defendant)