Council of the City of Sydney v Adams [2015] NSWLEC 206

Council of the City of Sydney v Adams [2015] NSWLEC 206

The defendant carried out demolition and alterations of exceptional heritage significance within a heritage listed building without development consent, contrary to s 76A and s 125(1) of the Environmental Planning and Assessment Act 1979. The offence was committed recklessly and caused actual environmental harm of medium seriousness. Weighing the objective and subjective circumstances, including the early plea, remorse, lack of prior convictions, and cooperation, an appropriate sentence is conviction, a fine of $60,000 (following a 25% discount), and an order to pay the prosecutor’s costs.

Jurisdiction
Australia
Judgment Date
15 December 2015
Procedural Posture
Criminal Prosecution / Sentence
Outcome
Convicted and fined; ordered to pay costs.
Legal Topics
['carrying Out Development Without Consent' 'demolition and Alteration of Heritage Listed Property' 'sentencing for Environmental Offences']
['environmental Law' 'heritage Law' 'criminal Law'] ['carrying Out Development Without Consent' 'demolition and Alteration of Heritage Listed Property' 'sentencing for Environmental Offences']

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Procedural Posture

Criminal Prosecution / Sentence

Legal Issues

  1. 1 ['Whether the defendant carried out development, specifically demolition and alteration, on a heritage item without the required development consent under the Environmental Planning and Assessment Act 1979 and Sydney Local Environmental Plan 2012' 'Appropriate sentence for carrying out such development without consent']

Ratio Decidendi

The defendant carried out demolition and alterations of exceptional heritage significance within a heritage listed building without development consent, contrary to s 76A and s 125(1) of the Environmental Planning and Assessment Act 1979. The offence was committed recklessly and caused actual environmental harm of medium seriousness. Weighing the objective and subjective circumstances, including the early plea, remorse, lack of prior convictions, and cooperation, an appropriate sentence is conviction, a fine of $60,000 (following a 25% discount), and an order to pay the prosecutor’s costs.

Court Disposition

Convicted and fined; ordered to pay costs.

Orders

  • ['The defendant is convicted of the offence as charged in the summons.' 'The defendant is fined $60,000.' "The defendant is to pay the prosecutor's costs in the sum of $35,000."]