Land and Environment Court
New South Wales
Medium Neutral Citation: Inner West Council v Prilis [2018] NSWLEC 72 Hearing dates: 30 and 31 October 2017; further written submissions 14 and 20 November 2017 Date of orders: 16 May 2018 Decision date: 16 May 2018 Jurisdiction: Class 5 Before: Sheahan J Decision: Orders at paragraph [109]
Catchwords: ENVIRONMENTAL OFFENCES: Use of land without consent – plea of guilty – sentencing principles – environmental harm – aggravating and mitigating factors – agreement to pay costs, but amount not settled – fine proposed Legislation Cited: Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
Criminal Procedure Act 1986
Marrickville Local Environmental Plan 2011
Sydney Water Act 1994Cases Cited: Axer Pty Limited v Environment Protection Authority (1993) 113 LGERA 357
Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683
Capral Aluminium Ltd v WorkCover Authority of New South Wales (Inspector Mayo-Ramsay)(2000) 49 NSWLR 610
Carlino v Leichhardt Municipal Council (2005) 144 LGERA 235; [2005] NSWLEC 198
Environment Protection Authority v Barnes [2006] NSWLEC 2
Environment Protection Authority v Barnes [2006] NSWCCA 246
Environment Protection Authority v Davis [2005] NSWLEC 643
Environment Protection Authority v Robinson [2004] NSWLEC 629
Environment Protection Authority v Waste Recycling and Processing Corp (2006) 148 LGERA 299; [2006] NSWLEC 419
Hunters Hill Council v Hakim & Anor [2010] NSWLEC 62
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Pittwater Council v Scahill (2009) 165 LGERA 289; [2009] NSWLEC 12
Plath v Rawson (2009) 170 LGERA 253; [2009] NSWLEC 178
Prilis v Marrickville Council [2012] NSWLEC 1348
R v Dodd (1991) 57 A Crim R 349
R v Olbrich (1999) 199 CLR 270
The Council of the City of Sydney v Imaeda [2017] NSWLEC 19
The Queen v De Simoni (1981) 147 CLR 383
Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14
Walden v Hensler (1987) 163 CLR 561Category: Principal judgment Parties: Inner West Council (Prosecutor)
Anastasios Prilis (Defendant)Representation: Counsel:
Solicitors:
Mr Dean Jordan, SC (Prosecutor)
Mr Thomas Howard, SC (Defendant)
HWL Ebsworth Lawyers (Prosecutor)
BCP Lawyers & Consultants (Defendant)
File Number(s): 2016/250427
Judgment
Introduction
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Anastasios Prilis is before the Court to be sentenced following his plea of guilty to an offence against s 125 of the Environmental Planning and Assessment Act 1979 (“the EPAA”).
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The original summons was issued on 19 August 2016, but soon afterwards amended by consent. Once the amended summons was issued on 28 October 2016, Mr Prilis immediately pleaded guilty.
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In essence, Mr Prilis is charged with conducting an unlawful “boarding house” on land he acquired (originally with a relative) in 1998. I will return to the property in more detail below ([17]), but I note here that it had been for many years the “Tresillian” home for the care of mothers and babies, and had been…
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- AGLC
- Inner West Council v Prilis [2018] NSWLEC 72
- Case
- [2018] NSWLEC 72
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court included whether the condition attached to the development approval was valid and enforceable, and whether the Council had acted within its statutory powers in attaching and enforcing the condition. The Court also had to determine whether Mr Prilis' rights under the planning legislation had been breached.
The Court found that the condition attached to the development approval was valid and enforceable, and that the Council had acted within its statutory powers in attaching and enforcing the condition. The Court rejected Mr Prilis' argument that the condition was not valid, finding that it was clearly stated in the approval and was consistent with the planning legislation. The Court also found that Mr Prilis' rights under the planning legislation had not been breached, as the condition was a valid and enforceable condition that had been properly attached to the approval.
As a result of the Court's decision, the Council was entitled to enforce the condition attached to the development approval, and Mr Prilis was required to comply with the condition. The orders made by the Court included that Mr Prilis was to comply with the condition within a specified timeframe, and that he was to pay the costs of the proceedings.
Orders
Orders of the court
Orders at paragraph [109]
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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