Moseley v Queanbeyan-Palerang Regional Council [2019] NSWCCA 42

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Moseley v Queanbeyan-Palerang Regional Council [2019] NSWCCA 42 Hearing dates: 18 July 2018 Decision date: 01 March 2019 Before: Hoeben CJ at CL at [1] R A Hulme J at [2] Button J at [3] Decision: (1) Leave to extend time to submit the stated case is granted. (2) Answer the questions in the stated case as follows:

Question 1: No (that is, there was no error in law in finding that the listed works were not ancillary to development that was permitted without consent).

Question 2: No.

Question 3: (i) No. (ii) Does not arise.

Question 4: Inappropriate to answer. Catchwords: ENVIRONMENTAL LAW – stated case – Criminal Appeal Act 1912 (NSW), s 5BA – asserted error of law in approach to purpose to the extent that it informs use of land – asserted reversal of onus –– no error of law established – one question inappropriate to answer as not pertaining to pure question of law – questions answered accordingly Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Criminal Appeal Act 1912 (NSW), s 5BA Environmental Planning and Assessment Act 1979 (NSW) Palerang Local Environment Plan 2014 (NSW) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW) Cases Cited: Abret Pty Limited v Wingecarribee Shire Council [2011] NSWCA 107 Chamwell Pty Ltd v Strathfield Council [2007] NSWLEC 114; (2007) 151 LGERA 400 Heatscape Pty Ltd v Mahoney No 2 [2016] NSWLEC 45 Lizzio v Ryde Municipal Council [1983] HCA 22; (1983) 155 CLR 211 Moseley v Queanbeyan-Palerang Regional Council [2016] NSWLEC 165 Port Stephens Council v SS & LM Jonston Pty Ltd (2007) 152 LGERA 193; [2007] NSWLEC 30 R v Walsall Overseers (1878) 3 QBD 457 Ward v Williams (1955) 92 CLR 496 Texts Cited: J H Baker, An Introduction to English Legal History (4th ed, 2011, Oxford University Press) Category: Principal judgment Parties: Benjamin Moseley (Appellant) Queanbeyan-Palerang Regional Council (Respondent) Representation: Counsel: C Birch SC (Appellant) I Hemmings SC/N Hammond (Respondent)