Australia, March 11 -- New South Wales Land and Environment Court issued text of the following judgement on Feb. 11:

1. In this matter, Radwan Alam (the Defendant) has pleaded guilty to two charges that he breached s 4.2(1)(b) of the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act) in that he carried out development otherwise than in accordance with a development consent. The two charges relate to demolition works undertaken by the Defendant at a residential premise in Burwood NSW.

2. These proceedings are to sentence the Defendant with respect to the two offences.

Facts

3. The facts relevant to this sentencing proceeding are drawn from the agreed facts.

The Land

4. On 23 November 2020, the Defendant became the registered proprietor of Lot 2 DP 364142 located at 48 Fitzroy Street, Burwood NSW 2134 (the Land). At or around this time, the dwelling on the Land was in the form depicted in the image below (the Dwelling):

5. The Dwelling, described as a Victorian cottage, is listed as an item of local heritage significance under Pt 1 of Sch 5 of the Burwood Local Environment Plan 2012 (the LEP). The Land is zoned R2 Low Density Residential under the LEP. Development Application and Consent

6. On or around 15 February 2021, ES Design lodged a development application with Burwood Council (the Council or the Prosecutor) in respect of the Land on behalf of the Defendant, with various documents including, inter alia, architectural plans, a Statement of Environment Effects and Heritage Impact Statement (HIS).

7. On 13 September 2021, Council granted development consent 11/2021 in respect of the Land, for the "[p]artial demolition of rear ground floor, internal alterations to existing two storey dwelling and removal of trees" (the Consent).

8. Condition 1 of the Consent, under the heading "Conditions of Approval", provided as follows:

(1) The development being carried out in accordance with the approved stamped Architectural Plans, Schedule of External Materials, Colours and Finishes, Landscape Plans, Tree Protection Plan and Specifications, Arboricultural Impact Assessment Report and Elemental Cost Estimate Report submitted on 28/07/2021, Statement of Environmental Effects submitted on 4/03/2021, Heritage Impact Statement and Waste Management Plan submitted on 15/02/2021, except where amended by the conditions of consent.

9. Conditions 6-7 of the Consent, under the heading "HERITAGE", provided as follows (with emphasis in original):

(6) A Schedule of Conservation Works detailing all proposed works to the building fabric, including the manner of change, materials, finishes, etc shall be submitted to Council for approval, prior to the issuing of a Construction Certificate. The Schedule shall include such matters as changes to the proposed bathroom floor/s, painting, any changes to windows/doors and alterations or removal of other joinery. The Schedule should identify where original fabric is to be removed and how that fabric is to be salvaged and/or stored. The Schedule must also identify any repair and/or maintenance required on the building (including roof tiles). Identified repairs/maintenance is required to be undertaken as part of the development of the property. The Schedule of Conservation Works is to also include elements relating to original fabric raised within "Section 6.1 - Design Recommendations" of the submitted Heritage Impact Statement (Project Code P0027288, Report Number 02 Final Copy 02.02.2021) prepared by Urbis Pty Ltd dated February 2021

*Rest of the document and Footnotes can be viewed at: (https://www.caselaw.nsw.gov.au/decision/194edfa0e6c711c1ab4f6eae)

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