73 Union Street Retail Pty Ltd v Council of the City of Sydney

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: 73 Union Street Retail Pty Ltd v Council of the City of Sydney [2016] NSWLEC 145 Hearing dates:27 October 2016Date of orders: 27 October 2016 Decision date: 27 October 2016 Jurisdiction:Class 6Before: 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 judgmentParties: 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 2016Publication restriction:NoEX TEMPORE Judgment HIS HONOUR: These proceedings comprise two appeals on behalf of 73 Union Street Retail Pty Ltd (the Applicant) against penalties imposed on charges that have been laid on behalf of the Council of the City of Sydney (the Council) for...