City of Sydney Council v Politic Pty Limited [2001] NSWLEC 218

City of Sydney Council v Politic Pty Limited [2001] NSWLEC 218

The guilty pleas and agreed facts established beyond reasonable doubt that Politic carried out work not authorised by the relevant development consent and removed the timber floor without a construction certificate. Although the matter involved complexity, reinstatement works, co-operation and guilty pleas, the offences concerned a heritage item and occurred after the maximum penalty under the EP&A Act had increased. Applying the totality principle, a total fine of $60,000 was appropriate, allocated as $50,000 for matter No 50083 and $10,000 for matter No 50083A.

Jurisdiction
Australia
Judgment Date
20 September 2001
Procedural Posture
Class 5 Prosecution for Offences Under the Environmental Planning and Assessment Act 1979 / Penalty Hearing Following Pleas of Guilty
Outcome
Defendant convicted on both charges and fined a total of $60,000, with costs to the prosecutor as agreed or assessed.
Legal Topics
['development Without Development Consent' 'building Work Without Construction Certificate' 'heritage Item Works' 'plea of Guilty' 'totality Principle' 'mitigating Circumstances']
['environmental Planning and Assessment' 'heritage Conservation' 'criminal Sentencing'] ['development Without Development Consent' 'building Work Without Construction Certificate' 'heritage Item Works' 'plea of Guilty' 'totality Principle' 'mitigating Circumstances']

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Procedural Posture

Class 5 Prosecution for Offences Under the Environmental Planning and Assessment Act 1979 / Penalty Hearing Following Pleas of Guilty

Legal Issues

  1. 1 ['Whether Politic Pty Limited carried out development at 365 George Street, Sydney without development consent contrary to s 76A of the Environmental Planning and Assessment Act 1979.' 'Whether Politic Pty Limited commenced and carried out erection of a building without obtaining a construction certificate contrary to s 81A of the Environmental Planning and Assessment Act 1979.' 'What penalty should be imposed having regard to the totality principle, the seriousness of the offences, the heritage significance of the building, the plea of guilty and mitigating circumstances.']

Ratio Decidendi

The guilty pleas and agreed facts established beyond reasonable doubt that Politic carried out work not authorised by the relevant development consent and removed the timber floor without a construction certificate. Although the matter involved complexity, reinstatement works, co-operation and guilty pleas, the offences concerned a heritage item and occurred after the maximum penalty under the EP&A Act had increased. Applying the totality principle, a total fine of $60,000 was appropriate, allocated as $50,000 for matter No 50083 and $10,000 for matter No 50083A.

Court Disposition

Defendant convicted on both charges and fined a total of $60,000, with costs to the prosecutor as agreed or assessed.

Orders

  • ['In matter No 50083 of 2000 the defendant is convicted of the charge in the summons.' 'The defendant is ordered to pay a penalty in the sum of $50,000 in matter No 50083 of 2000.' 'In matter No 50083A of 2000 the defendant is convicted of the charge in the summons.' 'The defendant is ordered to pay a fine in the...