A JUDGEMENT has finally been made on a Range Road property which has been the subject of controversy since prior to this council term.
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Former Range Road property owner Paul Gerard O’Shanassy was fined $93,000 and ordered to pay Wingecarribee Shire Council’s cost of proceedings which were estimated to be more than $300,000, in a decision handed down by Justice Rachel Pepper in the Land and Environment Court.
O’Shanassy was convicted for breaching the Environmental Planning Assessment Act as he was found to have carried out earthworks on his property, Lot 11, without development consent from council.
O’Shanassy originally pleaded not guilty to the charges, but after 12 days of hearing on May 21, 2014, he changed his plea to guilty.
Court documents said O’Shanassy carried out earthworks on the land which involved the excavation of clay and rock in excess of 10,000 cubic metres with heavy machinery and included the removal of about six to nine large eucalyptus trees, smaller trees and vegetation. The works included the transport and deposition of the spoil on a fill area on a neighbouring property, Lot 12, which was at the time, owned by John Uliana, who is now a councillor.
The removal of trees and vegetation caused a loss of amenity for neighbouring property, Lot 4, which was then owned by Joe Lorincz. Court documents said the unlawful development had a “deleterious effect” on the Lorinczs as a result of the flow of water from the earthworks onto the Lorincz’s property and driveway and under their house.
However, Justice Pepper said it was “impossible” to be confident that the unlawful development caused flooding on the Lorincz’s property, but Justice Pepper accepted the amenity of the area would have been “adversely affected”.
Court documents said O’Shanassy was motivated by a desire to increase the value of his property and to improve its amenity by creating panoramic views from his house. The court heard that O’Shanassy told a contractor who carried out the works that he wanted to see the “lights of Sydney” and this would increase the value of his house by $1.5 million.
Justice Pepper told the court the unlawful earthworks were intentionally carried out by O’Shanasssy and there was “no doubt” that he committed the offence for the purpose of financial gain.
Meanwhile, Councillor Garry Turland has put forward a notice of motion to be discussed at Wednesday (August 26) night's Ordinary Meeting of Council to reinforce the resolution passed by council on July 24, 2012 which gave the general manager the authority to prosecute the landowners and/or any other people found to be involved in the unauthorised removal of trees on Lots 11 and Lots 12.
In July 2014, Cr Uliana was issued with a notice from council ordering the earthworks done on his property (Lot 12) be reversed and the ridge be returned to its natural state. It is unclear if the remediation works have been completed.
Cr Uliana said it was “totally inappropriate for me to comment on a motion that hasn’t been presented and could be withdrawn”.
“Not withstanding, I categorically deny any inference of wrongdoing and have not been found to have participated in any wrongdoing at my former property at Range Road in relation to the subject matter in these proceedings.
“There is no evidence, nor mention of wrongdoing whatsoever to suggest otherwise in the O’Shanassy judgement.”
It was recommended the matter be discussed in closed council on Wednesday, August 26.
