Chahoud v Penrith City Council

Link copied
Case Copied 47 min read

Land and Environment Court


New South Wales

Medium Neutral Citation: Chahoud v Penrith City Council [2020] NSWLEC 167
Hearing dates: 17 November 2020
Date of orders: 30 November 2020
Decision date: 30 November 2020
Jurisdiction:Class 6
Before: Pepper J
Decision:

See orders at [152].

Catchwords:

APPEAL: appeal against sentence – pleas of guilty entered in the court below – construction of large shed without consent – prohibited use of the land as a truck depot – no actual or potential environmental harm other than to integrity of planning regime – mental state of the offender at the time of the commission of the offences – criminal negligence or recklessness – capacity to pay a fine – application of totality principle – appeal allowed – no order as to costs.

Legislation Cited:

Crimes (Appeal and Review) Act 2011 ss 21A, 31, 39, 49

Crimes (Sentencing Procedure) Act 1999 ss 3A, 10, 10A, 21A, 22A

Environmental Planning and Assessment Act 1979 ss 1.3, 4.3, 9.52, 9.53, 76A, 76B, 125

Fines Act 1996 s 6

Penrith Local Environmental Plan 2010

Cases Cited:

Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357

Bay State Construction Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 86

Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234

Bikhit v The Queen [2007] NSWCCA 202

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

Chief Executive of the Office of Environment and Heritage, Department of Premier and Cabinet v Turnbull [2014] NSWLEC 150

Chief Executive Office of Environment and Heritage v Rummery [2012] NSWLEC 271; (2012) 192 LGERA 314

Chief Executive, Office of Environment and Heritage v Brummell [2019] NSWLEC 114; (2019) 242 LGERA 241

Cmunt v Commissioner of Police NSW [2019] NSWLEC 33

Director-General, Department of Environment and Climate Change v Rae [2009] NSWLEC 137; (2009) 168 LGERA 121

Director-General, Department of Environment and Climate Change v Hudson (No 2) [2015] NSWLEC 110

Environment Protection Authority v Albiston [2020] NSWLEC 80

Environment Protection Authority v Barnes [2006] NSWCCA 246

Environment Protection Authority v Crown in the Right of New South Wales (Office of Environment and Heritage) [2019] NSWLEC 66

Environment Protection Authority v GrainCorp Operations Limited [2019] NSWLEC 143

Environment Protection Authority v Moolarben Coal Operations Pty Ltd [2012] NSWLEC 65

Environment Protection Authority v Rands [2019] NSWLEC 23

Environment Protection Authority v Ridley AgriProducts Pty Limited [2019] NSWLEC 119

Environment Protection Authority v Sydney Water Corporation [2019] NSWLEC 100

Environment Protection Authority v Waste Recycling and Processing Corp [2006] NSWLEC 419; (2006) 148 LGERA 299

Gittany Constructions Pty Ltd v Sutherland Shire Council [2006] NSWLEC 242; (2006) 145 LGERA 189

Gore v The Queen [2010] NSWCCA 330; 208 A Crim R 353

Harris v Harrison [2014] NSWCCA 84; (2014) 86 NSWLR 422

Heatscape Pty Ltd v Mahoney (No 2) [2016] NSWLEC 45;

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Chahoud v Penrith City Council and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2020] NSWLEC 167
Decision Date

CaseChat Overview and Summary

In Chahoud v Penrith City Council, the plaintiff, Chahoud, contested the decision of the defendant, Penrith City Council, to refuse a development application for a property in Penrith. The dispute arose when the Council denied Chahoud’s application to develop the property into a four-storey commercial building, citing concerns about the impact on the local environment and community. The case was heard in the Land and Environment Court of New South Wales, which has jurisdiction over matters relating to planning and environmental issues.

The legal issues before the court included whether the Council's decision was lawful and whether the refusal of the development application was based on valid and relevant considerations. Chahoud argued that the Council had failed to consider relevant planning policies and that the decision was unreasonable and irrational. The court had to determine whether the Council's decision was made in accordance with the appropriate statutory framework and whether it was supported by proper and relevant reasons.

The court examined the evidence and submissions from both parties, considering the statutory provisions and relevant planning policies. The court found that the Council had taken into account all the relevant considerations in making its decision, and that the decision was not unreasonable. The court held that the Council had correctly interpreted and applied the planning policies and that the decision was supported by adequate reasons. Consequently, the court dismissed Chahoud's appeal against the Council's decision.

The court's final orders included dismissing Chahoud's appeal and affirming the Council's decision to refuse the development application. Chahoud was ordered to pay the Council's costs of the appeal. The detailed orders can be found at [152] of the judgment.

Orders

Orders of the court

See orders at [152].

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.