Leichhardt Council v Geitonia Pty Ltd (No 6)

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Leichhardt Council v Geitonia Pty Ltd (No 6) [2015] NSWLEC 51 Hearing dates:23-27 February 2015, 2-12 March 2015Date of orders: 02 April 2015 Decision date: 02 April 2015 Jurisdiction:Class 5Before: Biscoe J Decision: Each defendant is convicted as charged. Catchwords: DEVELOPMENT CONSENT – prosecution of developer/landowner company, its owner/controller, and its project manager for demolishing the façade of a building without development consent where development consent was required under a local environmental plan and contrary to the terms of a development consent that had been issued–whether on the proper construction of the consent the demolition was permitted – if so, whether the conduct of the demolisher should be attributed to the defendants – if so, whether there is a defence of necessity based on the condition of the façade. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4(1), 76A, 76B, 80(3), 80(12), 81A(5), 83, 96, 109C(1)(b), 125(1) Evidence Act 1995 ss 87(1)(a), 135(a), 137 Environmental Planning and Assessment Regulation 2000 cll 95(5), 100(4) Leichhardt Local Environmental Plan 2000 cll 16(7) 16(8), Part 8 Division 2 (cll 139-142) Work Health and Safety Act 2011 Cases Cited: Bardsley-Smith v Penrith City Council [2013] NSWCA 200, 195 LGERA 34 Baulkham Hills Shire Council v Ko-Veda Holiday Park Estate Ltd [2009] NSWCA 160, 167 LGERA 395 Bayley v Police (SA) [2007] SASC 411, 178 A Crim R 202 Braysich v The Queen [2011] HCA 14, 243 CLR 434 Burwood Council v...