Liverpool City Council v Leppington Pastoral Co Pty Ltd [2010] NSWLEC 170

Liverpool City Council v Leppington Pastoral Co Pty Ltd [2010] NSWLEC 170

The defendant was convicted and fined because it carried out two demolitions of listed local heritage items without development consent, thereby circumventing the planning and heritage assessment process. Although the heritage harm was low because the structures were locally significant, derelict, unsafe and no longer used for their historical purpose, the defendant controlled the conduct, should have known consent was required, and general deterrence was necessary. Taking into account no prior convictions, good character, remorse, cooperation, new compliance procedures, the early guilty pleas, and the totality principle, the Court set a total penalty of $40,000, discounted it by 25 per...

Jurisdiction
Australia
Judgment Date
14 September 2010
Procedural Posture
Environmental Offences Prosecution / Sentencing After Guilty Pleas
Outcome
The defendant was convicted of both offences and fined a total of $30,000, with an order to pay the prosecutor's costs as determined under s 257G of the Criminal Procedure Act 1986.
Legal Topics
['demolition Without Development Consent' 'local Heritage Items' 'objective Seriousness' 'mitigating Factors' 'general Deterrence' 'totality Principle' "prosecutor's Costs"]
['environmental Law' 'planning Law' 'criminal Sentencing' 'heritage Protection'] ['demolition Without Development Consent' 'local Heritage Items' 'objective Seriousness' 'mitigating Factors' 'general Deterrence' 'totality Principle' "prosecutor's Costs"]

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Procedural Posture

Environmental Offences Prosecution / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What penalty should be imposed for two offences against s 125(1) of the Environmental Planning and Assessment Act 1979 by carrying out demolition requiring development consent without such consent, contrary to s 76A(1)(a).' 'How the objective seriousness of demolishing local heritage items in unsafe or derelict condition should be assessed.' "What weight should be given to the defendant's mistaken belief that development consent was not required, guilty pleas, cooperation, remorse, good character, absence of prior convictions, remedial due diligence measures and willingness to discuss reparation." 'Whether general deterrence was required despite the absence of any need for specific deterrence.' 'How the totality principle should apply to two linked offences involving structures in the same complex.']

Ratio Decidendi

The defendant was convicted and fined because it carried out two demolitions of listed local heritage items without development consent, thereby circumventing the planning and heritage assessment process. Although the heritage harm was low because the structures were locally significant, derelict, unsafe and no longer used for their historical purpose, the defendant controlled the conduct, should have known consent was required, and general deterrence was necessary. Taking into account no prior convictions, good character, remorse, cooperation, new compliance procedures, the early guilty pleas, and the totality principle, the Court set a total penalty of $40,000, discounted it by 25 per...

Court Disposition

The defendant was convicted of both offences and fined a total of $30,000, with an order to pay the prosecutor's costs as determined under s 257G of the Criminal Procedure Act 1986.

Orders

  • ['The defendant is convicted of both offences as charged.' 'In respect of the demolition of the radio receiving station, the defendant is fined the sum of $25,000.' 'In respect of the demolition of the water tank, the defendant is fined the sum of $5,000.' "The defendant is ordered to pay to the registrar of the...