Land and Environment Court
New South Wales
Medium Neutral Citation: Burwood Council v Matthews [2013] NSWLEC 23 Hearing dates: 22 February 2013 Decision date: 22 February 2013 Jurisdiction: Class 5 Before: Pepper J Decision: (1) Mr Matthews is convicted of both offences as charged;
(2) in respect of the first charge Mr Matthews is fined the sum of $13,400;
(3) in respect of the second charge Mr Matthews is fined the sum of $6,700;
(4) pursuant to s 257B of the Criminal Procedure Act 1986 Mr Matthews is to pay the prosecutor's costs of the proceedings fixed in the sum of $9,000 (incl of GST); and
(5) the exhibits are to be returned.
Catchwords: SENTENCING: development without consent - failure to comply with stop work order - guilty plea - relevant sentencing principles - whether offences committed intentionally - no actual harm - fine imposed - costs order made Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A, 22, 23
Criminal Procedure Act 1986, s 257B
Environmental Planning and Assessment Act 1979, ss 5, 121B
Fines Act 1996, ss 6, 7, 10Cases Cited: Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357
Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234
Cabonne Shire Council v Environment Protection Authority [2001] NSWCCA 280; (2001) 115 LGERA 304
Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683
Cessnock City Council v Bimbadgen Estate Pty Ltd (No 2) [2011] NSWLEC 140
Council of the Municipality of Kiama v Furlong [2009] NSWLEC139
Director-General of the Department of Environment and Climate Change v Rae [2009] NSWLEC 137; (2009) 168 LGERA 121
Garrett v Freeman (No 5) [2009] NSWLEC 1; (2009) 164 LGERA 287
Gittany Constructions Pty Ltd v Sutherland Shire Council [2006] NSWLEC 242; (2006) 145 LGERA 189
Great Lakes Council v Spalding [2011] NSWLEC 257
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520
Hurstville City Council v Naumcevski [2011] NSWLEC 226
Ku-ring-gai Council v Abroon (No 3) [2012] NSWLEC 12
Lee v Office of Environment and Heritage [2012] NSWLEC 9
Pittwater Council v Scahill [2009] NSWLEC 12; (2009) 165 LGERA 289
Plath v Hunter Valley Property Management Pty Ltd [2010] NSWLEC 264
Plath v Rawson [2009] NSWLEC 178; (2009) 170 LGERA 253
R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383
The Council of the Municipality of Kiama v Pacific Real Estate (Warilla) Pty Ltd [2009] NSWLEC 191Category: Principal judgment Parties: Burwood Council (Prosecutor)
Eric Matthews (Defendant)Representation: Mr S Shneider (Solicitor) (Prosecutor)
Mr G Thomas (Barrister) (Defendant)
Houston Dearn O'Connor (Prosecutor)
NA (Defendant)
File Number(s): 50797 of 2012
Ex Tempore Judgment
Mr Matthews Fails to Comply with a Stop Work Order
The defendant in these proceedings, Mr Eric Matthews, was married in June of 2011. In October 2011 he purchased what he intended to be his family home at auction at 2 Fountain Avenue, Croydon…
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- Case
- [2013] NSWLEC 23
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the notices issued by Burwood Council were valid and enforceable, and if Mr Matthews was required to comply with them. The court considered the relevant provisions of the Environmental Planning and Assessment Act 1979 and the circumstances surrounding the issuance of the notices. The court also examined whether there were any procedural irregularities that would render the notices invalid.
The court found that the notices issued by Burwood Council were valid and enforceable, and that Mr Matthews was required to comply with them. The court held that the notices were issued in accordance with the relevant provisions of the Environmental Planning and Assessment Act 1979, and that there were no procedural irregularities that would render them invalid. The court also found that Mr Matthews had failed to comply with the notices, and therefore was guilty of both offences. The court imposed fines and ordered Mr Matthews to pay the prosecutor's costs of the proceedings.
The court also made orders for the exhibits to be returned to Mr Matthews. This decision highlights the importance of complying with valid and enforceable notices issued by local councils under the Environmental Planning and Assessment Act 1979, and the potential consequences of failing to do so.
Orders
Orders of the court
(1) Mr Matthews is convicted of both offences as charged;
(2) in respect of the first charge Mr Matthews is fined the sum of $13,400;
(3) in respect of the second charge Mr Matthews is fined the sum of $6,700;
(4) pursuant to s 257B of the Criminal Procedure Act 1986 Mr Matthews is to pay the prosecutor's costs of the proceedings fixed in the sum of $9,000 (incl of GST); and
(5) the exhibits are to be returned.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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