Cowra Shire Council v Fuller

Land and Environment Court New South Wales Medium Neutral Citation: Cowra Shire Council v Fuller [2015] NSWLEC 13 Hearing dates:4 February 2015Decision date: 09 February 2015 Jurisdiction:Class 5Before: Pain J Decision: The Court makes the following orders:1. In matter no 50209 of 2014 the Defendant is convicted of the offence as charged.2. In matter no 50209 of 2014 the Defendant is fined $175,000 to be paid to the Registrar of the Court within 28 days of today's date.3. The Defendant must pay the Prosecutor’s costs as agreed or assessed. Catchwords: PROSECUTION – sentence for plea of guilty to offence of carrying out unlawful development – demolition of building with potential for local heritage significance – deliberate and planned demolition – frustration of defendant’s development intentions on his property did not reduce objective seriousness of his actions – early plea of guilty a mitigating factor Legislation Cited: Cowra Local Environmental Plan 1990 Crimes (Sentencing Procedure) Act 1999 s 3A, s 21A, Environmental Planning and Assessment Act 1979 s 76A(1), s 125(1) Cases Cited: Axer Pty Ltd v Environmental Planning Authority (1993) 113 LGERA 357 Bentley v BGP Properties Pty Ltd (2006) 145 LGERA 234 Burwood Council v Douehi [2013] NSWLEC 196 (2013) 200 LGERA 152 Blue Mountains City Council v Carlon [2008] NSWLEC 296 Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Department of Environment and Climate Change v Rae [2009] NSWLEC 137 Department of Environment and Climate Change v Rae [2009] NSWLEC 137 Environmental Planning...