PROSECUTION — breach of s 125(1) Environmental Planning and Assessment Act 1979 — plea of guilty — sentence — removal of three trees and part removal of fourth tree required to be retained by conditions of development consent — condition of consent required protection and preservation of trees — removal of trees in foreshore scenic protection area, conservation area and in the vicinity of heritage items — mature grouping of pine trees — retention of trees to mitigate impact of new building from waterway — offence committed intentionally — strict liability offence — objective gravity — removal of trees secured improvement in personal amenity — subjective circumstances of offender — previous good character — no evidence of contrition and remorse
Case Details
Citation[2013] NSWLEC 89
CourtNSWLEC
JurisdictionNew South Wales
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