Willoughby City Council v Livbuild Pty Ltd [2015] NSWLEC 34

Willoughby City Council v Livbuild Pty Ltd [2015] NSWLEC 34

For two offences of undertaking development without consent, the appropriate aggregate penalty must reflect both the objective seriousness of the unauthorised works (moderate for foreshore works, low for home theatre works), Livbuild’s intent and financial motivation, and be mitigated by substantial cooperation, guilty plea, and lack of prior convictions, resulting in a fine of $48,000 for the foreshore works offence and $19,000 for the home theatre works offence, with the defendant to pay the prosecutor’s assessed costs.

Parties
Prosecutor: Willoughby City Council; Defendant: Livbuild Pty Ltd
Jurisdiction
Australia
Judgment Date
09 March 2015
Procedural Posture
Criminal Prosecution (environmental Offences) / Sentencing
Outcome
Conviction, fines imposed, and costs ordered against the defendant.
Legal Topics
Unauthorised Development, Development Without Consent, Sentencing Principles, Environmental Harm, Discount for Cooperation, Totality Principle
Environmental Law Criminal Law Planning Law Unauthorised Development Development Without Consent Sentencing Principles Environmental Harm Discount for Cooperation +1 more

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Parties

Willoughby City Council

Prosecutor

Livbuild Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution (environmental Offences) / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for Livbuild Pty Ltd for undertaking development without consent?
  2. 2 How should the cooperation of Livbuild and its subjective circumstances affect penalty?
  3. 3 Should the totality principle and discounts for guilty plea and assistance be applied, and if so to what extent?

Ratio Decidendi

For two offences of undertaking development without consent, the appropriate aggregate penalty must reflect both the objective seriousness of the unauthorised works (moderate for foreshore works, low for home theatre works), Livbuild’s intent and financial motivation, and be mitigated by substantial cooperation, guilty plea, and lack of prior convictions, resulting in a fine of $48,000 for the foreshore works offence and $19,000 for the home theatre works offence, with the defendant to pay the prosecutor’s assessed costs.

Court Disposition

Conviction, fines imposed, and costs ordered against the defendant.

Orders

  • In proceedings no 50764 of 2014: the defendant is convicted as charged; the defendant is fined the sum of $48,000.
  • In proceedings no 50767 of 2014: the defendant is convicted as charged; the defendant is fined the sum of $19,000.